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AGRA CHEM. DIST. CO. v. MARION LABORATORIES, INC.

No. CIV-80-361C.

523 F.Supp. 699 (1981)

AGRA CHEMICAL DISTRIBUTING CO., INC.; Central Suppliers, Inc.; Baker Chemical and Equipment Company, Inc.; George Simches, Plaintiffs, v. MARION LABORATORIES, INC.; Kalo Laboratories, Inc.; Scientific Research Corporation; Dr. Marvin J. Beasley, Individually, Defendants.

United States District Court, W. D. New York.

June 29, 1981.

Attorney(s) appearing for the Case

Thomas H. Shiah, Minneapolis, Minn., for plaintiffs.

Phillips, Lytle, Blaine, Hitchcock & Huber, Buffalo, N. Y. (Paul K. Stecker, Buffalo, N. Y., of counsel), for defendants Marion Laboratories, Inc., and Kalo Laboratories, Inc.

Birzon, Zakia & Rosa, Buffalo, N. Y. (Nelson F. Zakia, Buffalo, N. Y., of counsel), for defendants Scientific Research Corp. and Dr. Marvin L. Beasley.

CURTIN, Chief Judge.

This private antitrust action involves three corporate plaintiffs and one individual plaintiff against three corporate defendants and one individual defendant. Defendants have moved pursuant to Rule 12(b)(2), (3) of the Federal Rules of Civil Procedure to have the action dismissed for lack of personal jurisdiction and improper venue. In the alternative, defendants Marion Laboratories, Inc. [Marion], and Kalo Laboratories, Inc. [Kalo], have moved...

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