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MOUNTAIN VIEW PHARMACY v. ABBOTT LABORATORIES

No. 78-1918.

630 F.2d 1383 (1980)

MOUNTAIN VIEW PHARMACY et al., Plaintiffs-Appellants, v. ABBOTT LABORATORIES et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided October 2, 1980.

Attorney(s) appearing for the Case

Lowell V. Summerhays and Peter W. Guyon of Robinson, Guyon, Summerhays & Barnes, Salt Lake City, Utah (Ronald E. Dalby, Salt Lake City, Utah, with them on the brief), for plaintiffs-appellants.

W. Robert Wright of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah (Rogers & Wells, New York City, Chadwell, Kayser, Ruggles, McGee & Hastings, Chicago, Ill., Kaye, Scholer, Fierman, Hays & Handler, New York City, Strong & Hanni, Watkiss & Campbell, Prince, Yeates & Geldzahler, Fabian & Clendenin, Parsons, Behle & Latimer, VanCott, Bagley, Cornwall & McCarthy, Berman & Giauque, Snow, Christensen & Martineau, Ray, Quinney & Nebeker, Salt Lake City, Utah, Hughes, Hubbard & Reed, New York City, Fox, Edwards & Gardiner, Burbidge, Mabey & Mitchell, Mary Lou Godbe, Salt Lake City, Utah, Wald, Harkrader & Ross, Washington, D. C., with him on the brief), for defendants-appellees.

Before McKAY, PECK and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiffs, thirteen independent retail druggists, filed an antitrust complaint against twenty-eight drug manufacturers, alleging violations of section 1 of the Sherman Act, 15 U.S.C. § 1, and section 2(a) of the Robinson-Patman Act, 15 U.S.C. § 13(a). The trial court dismissed the complaint with prejudice. We affirm in part and reverse in part.

The original complaint used statutory language to describe the alleged antitrust...

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