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FED. PRESCRIPTION SERV. v. AM. PHARMACEUTICAL ASS'N

Nos. 80-1359, 80-1368.

663 F.2d 253 (1981)

FEDERAL PRESCRIPTION SERVICE, INC., et al. v. AMERICAN PHARMACEUTICAL ASSOCIATION, Appellant, William S. Apple, et al. FEDERAL PRESCRIPTION SERVICE, INC., et al., Appellants, v. AMERICAN PHARMACEUTICAL ASSOCIATION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 12, 1981.

Certiorari Denied January 25, 1981.

Attorney(s) appearing for the Case

Michael H. McConihe, Washington, D. C., with whom Paul L. O'Brien, Arthur D. McKey, Joel E. Hoffman and C. Coleman Bird, Washington, D. C., were on the brief, for American Pharmaceutical Association appellant in No. 80-1359 and cross/appellee in No. 80-1368.

George S. Leonard, Washington, D. C., for Federal Prescription Service, Inc., et al., appellees in No. 80-1368 and cross/appellants in No. 80-1359.

Richard M. Rindler and Gilbert E. Geldon, Washington, D. C., entered appearances for appellees National Association of Retail Druggists in No. 80-1368.

Before MacKINNON and EDWARDS, Circuit Judges and DAVIES, United States Senior District Judge for the District of Fargo, North Dakota.

Certiorari Denied January 25, 1981. See 102 S.Ct. 1293.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Federal Prescription Service, Inc. ("Federal") and its three owners brought an antitrust damage suit against the American Pharmaceutical Association, Inc. ("American") and certain other defendants. The other defendants have since been either dismissed or dropped as defendants and then named as co-conspirators. The...

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