EX PARTE CHAS. PFIZER & CO.

No. 15606.

225 F.2d 720 (1955)

Ex parte CHAS. PFIZER & CO., Inc., Petitioner.

United States Court of Appeals Fifth Circuit.

September 16, 1955.


Attorney(s) appearing for the Case

Ernest P. Rogers, Thomas C. Shelton, Atlanta, Ga., Arthur G. Connolly, Wilmington, Del., Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga. (Thomas Cooch Connolly, Cooch & Bove, Wilmington, Del., of counsel), for petitioner.

Robert B. Troutman, Atlanta, Ga., for respondent.

Before HUTCHESON, Chief Judge, JONES, Circuit Judge, and CHRISTENBERRY, District Judge.


JONES, Circuit Judge.

On January 11, 1955, United States Patent No. 2,699,054 covering an antibiotic entitled Tetracycline was issued to Chas. Pfizer & Co., Inc., herein called Pfizer. On the same date Pfizer instituted separate suits in the Atlanta Division of the United States District Court for the Northern District of Georgia, against Olin Mathieson Chemical Corporation, The Upjohn Company, and Bristol Laboratories Inc., who will be

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