RPR v. MARION MERRELL DOW, INC.

No. 95-3743.

93 F.3d 511 (1996)

RHONE-POULENC RORER PHARMACEUTICALS, INC., Plaintiff-Appellant, v. MARION MERRELL DOW, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 22, 1996.


Attorney(s) appearing for the Case

Thomas C. Morrison, argued, New York City (Barbara A. McCormick and Cecilia Loving-Sloane, New York City and Floyd R. Finch, Jr., Kansas City, MO, on the brief), for appellant.

Lawrence G. Meyer, argued, Washington, DC (James P. Parker, Washington, DC and Roger C. Geary, Kansas City, MO, on the brief), for appellee.

Before MAGILL, Circuit Judge, HENLEY, Senior Circuit Judge, and LOKEN, Circuit Judge.


LOKEN, Circuit Judge.

This appeal challenges the district court's1 disposition of false advertising claims by competing manufacturers of diltiazem, a "miracle drug" for the treatment of hypertension and angina. The governing law is the false advertising cause of action provided in § 43 of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B). The court found both parties guilty of false advertising...

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