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Merck must face investor lawsuit

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From Times Wire Services

Merck & Co. must face a proposed class-action lawsuit claiming that the company defrauded investors before withdrawing the painkiller Vioxx from the market in September 2004, a federal appeals court ruled.

The three-judge panel in Philadelphia reversed a lower court and reinstated the suit in a split decision, Merck said.

The company said it might ask the full 3rd U.S. Circuit Court of Appeals or the U.S. Supreme Court to review the decision.

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