STATE OF FLORIDA EX REL. BROWARD COUNTY v. ELI LILLY & CO.

No. 70-1703-Civ-CA.

329 F.Supp. 364 (1971)

STATE OF FLORIDA ex rel. BROWARD COUNTY, a political subdivision of the State of Florida, Plaintiffs, v. ELI LILLY & CO. et al., Defendants.

United States District Court, S. D. Florida, Miami Division.

April 29, 1971.


Attorney(s) appearing for the Case

Frederic B. Burns, Sp. Asst. Atty. Gen., Fla., of Sager & Burns, Miami, Fla., for plaintiffs.

William Killian, of McCarthy, Steel, Hector & Davis, Miami, Fla., Wilmer, Cutler & Pickering, Washington, D. C., represented Eli Lilly & Co.

Richard J. Thornton, of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, Fla., Drinker, Biddle & Reath, Philadelphia, Pa., represented Merck & Co.

James L. Armstrong, of Smathers & Thompson, Miami, Fla., Winthrop, Stimson, Putnam & Roberts, New York City, represented Bristoll-Myers.

Larry Stewart, of Frates, Floyd, Pearson & Stewart, Miami, Fla., represented E. R. Squibb & Sons.

Charles Kimbrell, of Dixon, Bradford, Williams, McKay & Kimbrell, Miami, Fla., represented Charles Pfizer & Co.

Donald Nicholson, Miami, Fla., and Chadwell, Keck, Kayser & Ruggles, Chicago, Ill., represented Abbott Laboratories.

Covington & Burling, Washington, D. C., Shutts & Bowen, Miami, Fla., and A. Blackwell Stieglitz, of Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, Fla., represented The Upjohn Co.

W. G. Ward, Miami, Fla., and Theodore Voorhees, Washington, D. C., represented S. E. Massengill.

John Hoehl, of Blackwell, Walker & Gray, Miami, Fla., represented Wyeth Labs, Inc.


ATKINS, District Judge.

This cause has come on to be heard on defendants' motions to dismiss the First Amended Complaint and the Second Amended Complaint. By its First Amended Complaint1, the State of Florida, appearing by a Special Assistant Attorney General, brought suit on its own behalf and on behalf of class of consumers and purchasers against the defendants to recover damages allegedly...

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