CANDERM PHARMACAL, LTD. v. ELDER PHARMACEUTICALS, INC.

Nos. 87-3352, 87-3368.

862 F.2d 597 (1988)

CANDERM PHARMACAL, LTD., Plaintiff-Appellee, Cross-Appellant, Sylvia Vogel, Plaintiff, Cross-Appellant, v. ELDER PHARMACEUTICALS, INC., Defendant-Appellant, Cross-Appellee, ICN Pharmaceuticals, Inc.; SPI Pharmaceuticals, Inc., Defendants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 1, 1988.


Attorney(s) appearing for the Case

Eric M. Oakley, argued, Miriam R. Arfin, Squire, Sanders & Dempsey, Cleveland, Ohio, for appellant, cross-appellee.

Ralph W. Gallagher, Gallagher, Milliken & Stelzer, Bryan, Ohio, John C. Milliken, argued, for appellee, cross-appellant.

Before WELLFORD and BOGGS, Circuit Judges, and PECK, Senior Circuit Judge.


BOGGS, Circuit Judge.

Elder Pharmaceuticals, Inc. (Elder) appeals from the trial judge's ruling refusing to submit to the jury its defense that it had timely revoked its anticipatory repudiation. Canderm Pharmacal, Ltd. (Canderm) crossappeals, as does Canderm's President, Sylvia Vogel. Canderm filed its complaint on December 17, 1984 against Elder, Elder's parent corporation (SPI), and another SPI subsidiary (ICN) for breach of contract, tortious interference with...

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