BERGEN DRUG COMPANY v. PARKE, DAVIS & COMPANY

No. 13934.

307 F.2d 725 (1962)

BERGEN DRUG COMPANY Inc., a New Jersey Corporation, Appellant, v. PARKE, DAVIS & COMPANY, a Michigan Corporation.

United States Court of Appeals Third Circuit.

Filed August 29, 1962.

As Amended September 19, 1962.

Rehearing Denied September 27, 1962.


Attorney(s) appearing for the Case

Alan V. Lowenstein, Newark, N. J., (Lowenstein & Spicer, Murry D. Brochin, Newark, N. J., on the brief), for appellant.

Gerhard A. Gesell, Washington, D. C., (Donald B. Kipp, Clyde A. Szuch, Pitney, Hardin & Kipp, Newark, N. J., William H. Allen, Covington & Burling, Washington, D. C., on the brief), for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.


STALEY, Circuit Judge.

On September 27, 1961, plaintiff, Bergen Drug Company, Inc., commenced a private antitrust action against defendant, Parke, Davis & Company. The complaint, as amended, contained the usual prayer for treble damages and requested a permanent injunction enjoining defendant from refusing to sell its products to plaintiff upon the same terms as they are sold to other purchasers.1

On October 12, 1961, plaintiff...

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