ISRAEL v. BAXTER LABORATORIES, INC.

No. 24622.

466 F.2d 272 (1972)

Murray ISRAEL, M.D., et al., Appellants, v. BAXTER LABORATORIES, INC., et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1972.

As Amended August 9, 1972.


Attorney(s) appearing for the Case

Mr. Howard F. Cerny, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Matthew J. Faerber, Washington, D. C., was on the brief, for appellants.

Mr. Max O. Truitt, Jr., Washington, D. C., with whom Messrs. Henry T. Rathbun and Raymond C. Clevenger, III, Washington, D. C., were on the brief, for appellees Baxter Laboratories Inc. and Travenol Laboratories, Inc.

Mr. Julius A. Johnson, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, John A. Terry, Joseph M. Hannon and Robert S. Rankin, Jr., Asst. U. S. Attys., were on the brief, for appellee Finkel.

Before MacKINNON and WILKEY, Circuit Judges, and MATTHEWS, Senior Judge, United States District Court for the District of Columbia.


WILKEY, Circuit Judge:

Plaintiffs seek damages and injunctive relief based on an alleged conspiracy by defendants in violation of federal and state antitrust laws. Essentially, they assert that the defendants conspired to keep plaintiffs' drug Cothyrobal off the interstate market and out of competition with Choloxin, a similar drug sold by defendants Baxter and Travenol, by influencing the Food and Drug Administration to deny fair consideration of the new drug applications...

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