JOHN MCDARBY AND IRMA MCDARBY, PLAINTIFFS-RESPONDENTS, v. MERCK & CO., INC., DEFENDANT-APPELLANT

ORDER

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.