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NAT. ASS'N OF PHARMACEUTICAL MFRS. v. AYERST LAB.

No. 442, Docket 87-7710.

850 F.2d 904 (1988)

The NATIONAL ASSOCIATION OF PHARMACEUTICAL MANUFACTURERS, INC., and Zenith Laboratories, Inc., Plaintiffs-Appellants, v. AYERST LABORATORIES, DIVISION OF/AND AMERICAN HOME PRODUCTS CORPORATION, Pharmacists Planning Service, Inc. and Frederick S. Mayer, Defendants, Ayerst Laboratories, Division of/and American Home Products Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 22, 1988.

Attorney(s) appearing for the Case

Milton A. Bass, New York City (I. Scott Bass, Leslie B. Levine, Bass & Ullman, New York City, of counsel), for plaintiffs-appellants.

Mark J. Spooner, Washington, D.C. (Stuart J. Land, Louis M. Bograd, Rebecca E. Swenson, Arnold & Porter, Washington, D.C., John C. Fleming, Jr., Bruce J. Banks, American Home Products Corp., New York City, of counsel), for defendant-appellee.

Before PIERCE, MINER and DAVIS, Circuit Judges.

PIERCE, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Kram, Judge, entered pursuant to an order of United States Magistrate Buchwald, dismissing appellants' complaint. The underlying dispute began in January, 1986, when appellee Ayerst Laboratories, Inc. ("Ayerst"), a division of American Home Products Corporation engaged in the manufacture and sale of brand name pharmaceuticals,...

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