H. L. MOORE DRUG EXCHANGE v. ELI LILLY AND CO.

No. 9, Docket 81-7090.

662 F.2d 935 (1981)

H. L. MOORE DRUG EXCHANGE, division of/and Levitt Industries, Inc., Plaintiff-Appellee, v. ELI LILLY AND COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 16, 1981.


Attorney(s) appearing for the Case

Jack Kaufmann, New York City (Edward N. Sherry, David B. Howorth, Robert M. Peak, Dewey, Ballantine, Bushby, Palmer & Wood, New York City, of counsel), for defendant-appellant.

I. Scott Bass, New York City (Sheldon S. Lustigman, Bass, Ullman & Lustigman, New York City, of counsel), for plaintiff-appellee.

Before LUMBARD, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.


MANSFIELD, Circuit Judge:

In this action pursuant to § 4 of the Clayton Act, 15 U.S.C. § 15, defendant Eli Lilly and Company ("Lilly"), one of the nation's largest manufacturers and distributors of pharmaceutical products, appeals from an order of the Southern District of New York entered by Judge Robert W. Sweet, denying Lilly's motion for judgment notwithstanding the verdict or for a new trial, made after a jury...

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