MARGARITA GAETA V. PERRIGO PHARMACEUTICALS CO., No. 09-15001 (9th Cir. 2012)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 24, 2011.
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 27 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARGARITA GAETA, as guardian ad litem for A.G., a minor child and AUGUSTINE GAETA, Plaintiffs - Appellants, No. 09-15001 D.C. No. 5:05-cv-04115-JW Northern District of California, San Jose v. ORDER PERRIGO PHARMACEUTICALS COMPANY and BASF CORPORATION, Defendants - Appellees. On Remand From The United States Supreme Court Before: FERNANDEZ and SILVERMAN, Circuit Judges. The Supreme Court having vacated our prior opinion for further consideration in light of PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), see L. Perrigo Co. v. Gaeta, 132 S. Ct. 497 (2011), we now AFFIRM the district court s grant of summary judgment in favor of Perrigo Pharmaceuticals Company.
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