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McDONALD v. JOHNSON & JOHNSON

No. 82-1594.

722 F.2d 1370 (1983)

Stanley McDONALD, Norman R. Hagfors, and Clayton Jensen, Plaintiffs-Appellees, v. JOHNSON & JOHNSON, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 16, 1983.

Opinion on Denial of Rehearing January 12, 1984.

Opinion on Granting of Rehearing January 12, 1984.

Rehearing and Rehearing February 28, 1984.

Attorney(s) appearing for the Case

William F. Baxter, Asst. Atty. Gen., Barry Grossman, Nancy C. Garrison, Attys., Dept. of Justice, Washington, D.C., for United States as amicus curiae.

Patterson, Belknap, Webb & Tyler, New York City, Maslon, Edelman, Borman, Brand & McNulty, Minneapolis, Minn., for defendant-appellant Johnson & Johnson; George S. Frazza, Roger S. Fine, James E. Farrell, Jr., New Brunswick, N.J., David F. Dobbins, Theodore B. Van Itallie, Jr., New York City, Wilmer, Cutler & Pickering, Washington, D.C., of counsel.

Warren Spannaus, Atty. Gen., State of Minn., Stephen P. Kilgriff, Thomas F. Catania, Jr., Sp. Asst. Attys. Gen., Antitrust Div., St. Paul, Minn., for State of Minn.

Daniel R. Shulman, Minneapolis, Minn., Joseph M. Alioto, San Francisco, Cal., for plaintiffs-appellees; Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, Minn., Alioto & Alioto, San Francisco, Cal., of counsel.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.

Opinion on Denial of Rehearing En Banc January 12, 1984.

Rehearing and Rehearing En Banc February 28, 1984.

LAY, Chief Judge.

On May 2, 1979, Messrs. McDonald, Hagfors, and Jensen filed suit against Johnson & Johnson (J & J), a corporation whose subsidiaries compete in the prescription and over the counter drug markets, alleging violations of sections 1 and 2 of the Sherman Act, section 7 of the Clayton Act, breach of contract, and fraud. After...

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