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AMERICAN HOME PRODUCTS CORP. v. JOHNSON & JOHNSON

No. 85 Civ. 4858 (WCC).

686 F.Supp. 73 (1988)

AMERICAN HOME PRODUCTS CORPORATION, Plaintiff, v. JOHNSON & JOHNSON, McNeilab, Inc., Saatchi & Saatchi, Compton, Inc., and Kallir Philips Ross, Inc., Defendants.

United States District Court, S.D. New York.

February 8, 1988.

Attorney(s) appearing for the Case

Arnold & Porter, Washington, D.C. (Stuart J. Land, Jack Lipson, Thomas J. McGrew, Douglas A. Dworkin, Peter Kautsky, Duane K. Thompson, Randal M. Shaheen, Eric A. Rubel, of counsel), Morrison & Foerster, New York City (Jack C. Auspitz, Kim J. Landsman and Charles F. Hagan, William P. Woods, Egon E. Berg, of counsel), for plaintiff.

Patterson, Belknap, Webb & Tyler, New York City (David F. Dobbins, Richard H. Savage, of counsel), for defendants.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

Defendants (hereinafter "McNeil") have moved under Rule 54(b), Fed.R.Civ.P., for certification of this Court's Opinion and Order dated November 5, 1987 dismissing McNeil's ninth counterclaim. The motion is denied for the reasons stated hereinafter.

McNeil urges that certification should be granted because in the event the Court of Appeals should reverse the dismissal of the ninth counterclaim after...

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