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County of Santa Clara v. Astra USA

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


December 9, 2009

COUNTY OF SANTA CLARA, PLAINTIFF - APPELLANT,
v.
ASTRA USA, INC.; ASTRAZENECA PHARMACEUTICALS LP; AVENTIS PHARMACEUTICALS, INC.; BAYER CORPORATION; BRISTOL-MYERS SQUIBB COMPANY; PFIZER, INC.; SCHERING-PLOUGH CORPORATION; TAP PHARMACEUTICAL PRODUCTS, INC.; ZENECCA INC.; ZLB BEHRING LLC; SMITHKLINE BEECHAM CORPORATION; SMITHKLINE BEECHAM CORPORATION, DBA GLAXOSMITHKLINE; WYETH, INC.; WYETH PHARMACEUTICALS, INC., DEFENDANTS - APPELLEES.

D.C. No. CV-05-03740-WHA Northern District of California, -- San Francisco.

FOR PUBLICATION

ORDER WITHDRAWING OPINION

Before: REINHARDT, SILVERMAN and FISHER, Circuit Judges.

The mandate issued September 18, 2008, is hereby recalled.

The opinion filed August 27, 2008, see County of Santa Clara v. Astra USA, Inc., 540 F.3d 1094 (9th Cir. 2008), is withdrawn. A superseding opinion will be filed concurrently with this order. Petitions for rehearing or petitions for rehearing en banc may be filed.

20091209

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