STATE OF ILLINOIS v. BRISTOL-MYERS COMPANY

No. 71-1461.

470 F.2d 1276 (1972)

The STATE OF ILLINOIS, etc., et al. v. BRISTOL-MYERS COMPANY et al., A. B. Finkel d/b/a Markus Pharmacy, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 7, 1972.


Attorney(s) appearing for the Case

Mr. Eugene T. Sherman, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Mr. George P. Lamb, Jr., Washington, D. C., was on the brief, for appellants.

Mr. Lee A. Freeman, Jr., Chicago, Ill., for appellee, the State of Illinois.

Before McGOWAN and MacKINNON, Circuit Judges, and WYZANSKI, Senior United States District Judge for the District of Massachusetts.


PER CURIAM:

The State of Illinois filed a complaint in federal court1 under Section 4 of the Clayton Act, 15 U.S.C. § 15, seeking treble damages for alleged violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. The State contended inter alia that defendants conspired to restrain trade in the sale of the drug ampicillin and other semisynthetic penicillins. In part the State purported to be proceeding...

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