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CROWN DRUG CO., INC. v. REVLON, INC.

No. 82-2256.

703 F.2d 240 (1983)

CROWN DRUG CO., INC., and Bolar Pharmaceutical Co., Inc., Plaintiffs-Appellants, v. REVLON, INC., USV Pharmaceutical Corp., and USV Laboratories, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 22, 1983.

Attorney(s) appearing for the Case

Robert B. Jones, Fitch, Even, Tabin, Flannery & Welsh, Chicago, Ill., for plaintiffs-appellants.

Marie V. Driscoll, Cooper, Dunham, Clark, Griffin & Moran, New York City, for defendants-appellees.

Before BAUER and WOOD, Circuit Judges, and VAN PELT, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

This is an appeal from the district court's order dismissing Counts I, II and III of plaintiffs' complaint seeking a declaratory judgment that they did not violate the Lanham Act, the Illinois Deceptive Practices Act or the Illinois common law by selling a drug of the same color and dosage as one made and sold by the defendants; the district court summarily dismissed these counts for failure to state a justiciable controversy,...

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