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MARION LABORATORIES, INC. v. MICHIGAN PHARMACAL CORP.

Civ. A. No. 33431.

338 F.Supp. 762 (1972)

MARION LABORATORIES, INC., Plaintiff, v. MICHIGAN PHARMACAL CORP., Defendant.

United States District Court, E. D. Michigan, S. D.

March 10, 1972.

Attorney(s) appearing for the Case

Daniel G. Cullen, Bernard J. Cantor, Cullen, Settle, Sloman & Cantor, Detroit, Mich., Raymond D. McMurray, New York City, for plaintiff.

C. William Garratt, Jaffe, Snider, Raitt, Garratt & Heuer, Detroit, Mich., for defendant.

OPINION

RALPH M. FREEMAN, Chief Judge.

In this diversity action, plaintiff, a Delaware corporation, seeks injunctive relief against defendant, a Michigan corporation, for alleged acts of unfair competition. Plaintiff is a manufacturer and distributor of pharmaceutical products. One of its trademarked products, "Pavabid", is marketed in a brown and clear capsule containing 150 mg. of papaverine hydrochloride in a sustained release formulation. Defendant distributes...

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