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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND LLOYD ARNOLD, et al., Plaintiffs v. INTERVET, INC., Defendant : : : : : : : ...o0o...

Civil No. AMD 03-267

MEMORANDUM Plaintiffs are the owners of racehorses stabled in Maryland. Defendant is a manufacturer/marketer of animal vaccines. Plaintiffs sued defendant in the Circuit Court for Kent County, Maryland, alleging state law damages claims for economic injuries they incurred when, after their horses were inoculated with one of defendant's products against a common equine malady, the horses became ill and rendered unable to participate in thoroughbred racing. Specifically, plaintiffs allege claims for negligence, strict liability, breach of implied warranty, and breach of express warranty. Diversity of citizenship jurisdiction is not available as complete diversity is absent. Therefore, relying on the alleged preemptive effect of the Virus, Serums, Toxins, Antitoxins and Analogous Products Act, 21 U.S.C.

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Maryland Law