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H. L. MOORE DRUG EXCHANGE, INC. v. SMITH, KLINE & FRENCH LAB.

Nos. 44, 45, Dockets 31290, 31291.

384 F.2d 97 (1967)

H. L. MOORE DRUG EXCHANGE, INC., Plaintiff-Appellant, v. SMITH, KLINE & FRENCH LABORATORIES et al., Defendants, and Brunswig Drug Company, Defendant-Appellee. Hyman BOXER, d/b/a Wholesale Drug Co., Plaintiff-Appellant, v. SMITH, KLINE & FRENCH LABORATORIES et al., Defendants, and Brunswig Drug Company, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 5, 1967.

Attorney(s) appearing for the Case

Sheldon S. Lustigman, New York City (Bass & Friend, New York City), for plaintiffs-appellants.

Cyrus Austin, New York City (Austin, Burns, Smith & Walls, John P. Cuddahy, New York City, on the brief), for defendant-appellee.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

PER CURIAM:

Appellants have instituted treble damage actions against several drug firms alleging violation of section 1 of the Sherman Antitrust Act. Defendant Brunswig Drug Company moved, with supporting affidavits, to quash service of the summons and to dismiss the complaint against it for lack of jurisdiction over the person. This motion was granted. Appellants claim that the District Court erred in denying their motion for an opportunity to take Brunswig Drug...

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