In re: Nutraquest, Inc v. Northwestern University

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-4387
IN RE: NUTRAQUEST, INC.,
Debtor
Civil Action No. 03-cv-05869
LINDA WILL; GEORGE WHEELER, JR.,
as Independent Co-Administrators of
the Estate of RASHIDI WHEELER, deceased
v.
NORTHWESTERN UNIVERSITY; CHARLES TAYLOR;
RANDALL WALKER; JERRY BROWN; TERRENCE AGGELER,
LARRY LILJA; THOMAS CHRISTIAN;
JUSTIN CHABOT; MICHAEL ROSE; MARK GARDNER, M.D.
v.
*NEXT PROTEINS, INC., f/k/a Next Nutrition, Inc.,
d/b/a Next Proteins International ;
THE ULTIMATE ORANGE ENERGY CO. LLC;
ULTIMATE ENERGY CO.; PHOENIX LABORATORIES, INC.;
GENERAL NUTRITION CORPORATION,
d/b/a General Nutrition Companies, Inc.,
a wholly owned subsidiary of ROYALO NUMICO NV,
CYTODYNE TECHNOLOGIES, INC., n/k/a NUTRAQUEST, INC.,
Third Party Defendants
Adversary Proceeding No. 04-cv-01275
Northwestern University, Charles Taylor, Randolph Walker,
Jerry Brown, Terence Aggeler, Larry Lijla, Thomas Christian,
Justin Chabot and Michael Rose,
Appellants
*(Amended Per the Clerk's Order dated 6/24/05)

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Appeal from the United States District Court
for the District of New Jersey
(D.C. Civil Action No. 03-cv-05869)
District Judge: Honorable Garrett E. Brown, Jr.
Submitted Under Third Circuit LAR 34.1(a)
November 15, 2005
Before: BARRY, and AMBRO, Circuit Judges
POLLAK*, District Judge
(Opinion filed January 20, 2006)
ORDER AMENDING PUBLISHED OPINION
AMBRO, Circuit Judge
IT IS NOW ORDERED that the published Opinion in the above case filed
January 20, 2006, be amended as follows:
On page 3, fifth line in the paragraph, replace “these products” with “those
products”.
On page 10, bottom paragraph, first line, replace “Moreover, there are
many cases that have applied” with “Moreover, many cases have applied”.
On page 14, fourth line on the page, replace “No. 03-5869 (GEB)” with
“No. 04-1275 (GEB)”.
On page 14, full paragraph, thirteenth line, insert “had” after “appeared to
have” and before “a low probability”.
On page 16, note 4, first paragraph, ninth line, remove “, Inc.” after
“Hathaway Mach. Co.” so that it reads “Hathaway Mach. Co., 796 F.2d 553”.

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On page 17, note 4, last paragraph, fourth line, insert a comma after “that”
and before ““[b]y settling”, so the line will read:
point that, “[b]y settling, Nutraquest can focus its resources
On page 17, second paragraph, third line, remove the quotation mark in
front of “engaged” and insert it in front of “the”, so the line will read:
in good faith if “the settling parties engaged in wrongful
On page 20, eighth line on the page, replace “824–25” with “825”.
By the Court,
/s/ Thomas L. Ambro, Circuit Judge
Dated: March 13, 2006

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