UNITED STATES v. PFIZER INC.

No. 77-1088.

560 F.2d 319 (1977)

UNITED STATES of America, Appellee, v. PFIZER INC., American Cyanamid Company, Bristol-Myers Company, Olin Corporation, Squibb Corporation, E. R. Squibb & Sons, Inc., and the Upjohn Company, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 18, 1977.


Attorney(s) appearing for the Case

Merrell E. Clark, Jr., New York City, for appellant, Bristol-Myers.

Julian O. von Kalinowski, Los Angeles, Cal., for all other appellants.

Barry Grossman, Appellate Sec., Antitrust Div., Dept. of Justice, Washington, D. C., for appellee; Donald I. Baker, Asst. Atty. Gen., Paul A. Owens, John J. Powers, III, and Edward S. Panek, Jr., Attys., Dept. of Justice, Washington, D. C., on brief.

Robert E. Cooper, Los Angeles, Cal., Joe A. Walters, Minneapolis, Minn., Lawrence J. Hayes, St. Paul, Minn., on brief for Pfizer Inc.

Samuel W. Murphy, Jr., New York City, Peter Dorsey, Minneapolis, Minn., on brief for American Cyanamid Company.

Henry J. Zafian, New York City, on brief for Bristol-Myers Co.

Allen F. Maulsby, New York City, on brief for Squibb Corp. and Olin Corp.

Roberts B. Owen, Washington, D. C., on brief for Upjohn Co.

Gordon G. Busdicker, Minneapolis, Minn., on brief for Bristol-Myers Co., Upjohn Co., Squibb Corp. and Olin Corp.

Before GIBSON, Chief Judge, and BRIGHT and HENLEY, Circuit Judges.


PER CURIAM.

Appellants-defendants, Pfizer Inc. (Pfizer), American Cyanamid Company (Cyanamid), Bristol-Myers Company (Bristol), Squibb Corporation (Squibb), and the Upjohn Company (Upjohn), appeal from an order1 by the United States District Court for the District of Minnesota (Judge Miles W. Lord), granting the motion of the plaintiff, United States, that this case, having previously been tried to a jury until the district court declared...

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