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U. S. SURGICAL CORP. v. OREGON MED. & SURG. SPEC.

Nos. 77 Civ. 3693, 78 Civ. 5019, 79 Civ. 2939, 79 Civ. 5016, 79 Civ. 5130, 79 Civ. 5147 and 79 Civ. 5609.

497 F.Supp. 68 (1980)

UNITED STATES SURGICAL CORPORATION, Plaintiff, v. OREGON MEDICAL & SURGICAL SPECIALTIES, INC., et al., Defendants, Third-Party Plaintiffs, v. Leon G. HIRSCH, Turi Josefsen and Surgical Service Corporation, Third-Party Defendants.

United States District Court, S. D. New York.

March 11, 1980.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiff United States Surgical Corp. by Jay Greenfield, New York City, of counsel.

Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, Minn., for defendants Kahn, d/b/a Advanced Surgical Methods, Allan J. Lamovec, Minnesota Surgical Specialties, Inc., Jerome Miller, d/b/a J. M. Surgical Specialties, and William E. Powers, Sr., d/b/a Powers Surgical Specialties by Jeffrey Keyes, Minneapolis, Minn., of counsel.

MEMORANDUM AND ORDER

OWEN, District Judge.

Plaintiff United States Surgical Corporation ("U. S. Surgical" or the "Company") originally brought this suit against certain of its dealers, including Messrs. Lamovec, Miller, Powers, and Kahn (the "Minnesota dealers"), whose dealerships it intended to eliminate on or about February 25, 1980. The Company sought a declaratory judgment to the effect that its adoption of a new marketing strategy, whereby it replaced...

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