McDARBY v. MERCK CO., INC

This matter having been duly considered and the Court having determined that in light of the decision of the United States Supreme Court in Wyeth v. Levine, ___ U.S. ___, 129 S.Ct. 1187, 173 L.Ed.2d 51 (2009), certification was improvidently granted;

It is ORDERED that the within appeal be and hereby is dismissed.