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PENNWALT CORP. v. ZENITH LABORATORIES, INC.

Civ. A. No. 8-71997.

472 F.Supp. 413 (1979)

PENNWALT CORPORATION, Plaintiff, v. ZENITH LABORATORIES, INC., Lakeshore Drugs and South-Tel Drugs, Defendants.

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

June 21, 1979.

Attorney(s) appearing for the Case

Herbert G. Sparrow, III, Philip M. Frost, of Dickinson, Wright, McKean, Cudlip & Moon, Detroit, Mich., A. C. F. Finkbiner, III, of Dechert, Price & Rhoads, Philadelphia, Pa., for plaintiff.

Timothy D. Wittlinger, of Hill, Lewis, Adams, Goodrich & Tait, Detroit, Mich., John E. Gould, Webster & Sheffield, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This is an unfair competition and trademark infringement case. Plaintiff, Pennwalt Corporation, manufactures and sells an anorectic drug with the trademark name Ionamin. Defendant, Zenith Laboratories, Inc., manufactures and sells an anorectic drug called Phentermine Hydrochloride.1 Pennwalt seeks a preliminary injunction prohibiting the continued manufacture, sale, and distribution...

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