Arthur McElroy v. Janssen Pharmaceutica, et al

Filing 920080701

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 07-2277 ___________ Arthur McElroy, * * Appellant, * * v. * Appeal from the United States * District Court for the Janssen Pharmaceutica, Inc.; Janssen * District of Nebraska. Pharmaceutica, N.V.; Eli Lilly * Pharmaceutical, Co., * [UNPUBLISHED] * Appellees. * ___________ Submitted: July 1, 2008 Filed: July 1, 2008 ___________ Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Arthur McElroy appeals the district court's1 Federal Rule of Civil Procedure 12(b)(6) dismissal of his pro se products-liability claims against Janssen Pharmaceutica, Inc. and Janssen Pharmaceutica, N.V.2 Upon de novo review, see Reis

The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. McElroy's claim against Eli Lilly Pharmaceutical Company is not at issue in this appeal.
2

1

v. Walker, 491 F.3d 868, 870 (8th Cir. 2007), we conclude that dismissal was proper for the reasons stated by the district court. Accordingly, the judgment is affirmed, see 8th Cir. R. 47B, and appellees' pending motion is denied. ______________________________

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