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NORWICH PHARMACAL CO. v. STERLING DRUG, INC.

Civ. No. 6010.

167 F.Supp. 427 (1958)

The NORWICH PHARMACAL CO., Plaintiff, v. STERLING DRUG, INC., Defendant.

United States District Court N. D. New York.

August 1, 1958.

Attorney(s) appearing for the Case

Hancock, Dorr, Ryan & Shove, Syracuse, N. Y., Lewis C. Ryan, Philip T. Seymour, Syracuse, N. Y., of counsel, Davis & Gilbert, New York City, John D. Hayes, Norwich, N. Y., George A. Elber, New York City, of counsel, for plaintiff.

Cahill, Gordon, Reindel & Ohl, New York City, James A. Fowler, Jr., David Rasch, C. Kenneth Clark, Jr., New York City, of counsel, Kernan & Kernan, Utica, N. Y., James Kernan, Jr., Utica, N. Y., of counsel, for defendant.

BRENNAN, Chief Judge.

The overlapping of the requirements of free competition and ethical business practices is the problem involved in this litigation.

The action, originally brought in the state court, seeks an injunction and money damages based upon the allegations that the defendant is competing unfairly in the imitation, manufacture and distribution of its product, Pepsamar, which is sold in competition with the plaintiff's product, Pepto-Bismol. Upon...

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