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UNITED STATES v. PFIZER, INC.

No. 76-2021.

560 F.2d 323 (1977)

UNITED STATES of America, Appellant, v. PFIZER, INC., American Cyanamid Company and Bristol-Myers Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 5, 1977.

Attorney(s) appearing for the Case

Donald I. Baker, Asst. Atty. Gen., Barry Grossman, Paul A. Owens (argued), John J. Powers, III, Edward S. Panek, Jr., Dept. of Justice, Washington, D.C., and Don O. Burley, Minneapolis, Minn., Attys., on brief and reply brief, for appellant; John Galus, Washington, D.C., on brief and William T. Clabault and Martin I. Eisenstein, Washington, D.C., on reply brief.

Samuel W. Murphy, Jr., New York City, for appellees.

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

HENLEY, Circuit Judge.

This case presents another aspect of the protracted litigation commenced a number of years ago by a number of plaintiffs, including the United States government, against seven chemical companies seeking damages and other relief on account of alleged overcharges for the broad spectrum antibiotic drug known as tetracycline which the defendant chemical companies have been selling as a patented drug covered by the so-called Conover patent which...

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