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ORTHO PHARMACEUTICAL CORP. v. AMGEN, INC.

No. 89-3272.

882 F.2d 806 (1989)

ORTHO PHARMACEUTICAL CORPORATION v. AMGEN, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided August 17, 1989.

Attorney(s) appearing for the Case

Paul A. Renne (argued), Lloyd R. Day, Jr., Cooley, Godward, Castro, Huddleson & Tatum, Palo Alto, Cal., Douglas E. Whitney, Matthew B. Lehr, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for appellant.

Eugene M. Gelernter (argued), Gregory L. Diskant, Patterson, Belknap, Webb & Tyler, New York City, John A. Parkins, Jr., Richards, Layton and Finger, Wilmington, Del., for appellee.

Before MANSMANN, SCIRICA and SEITZ, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Defendant Amgen, Inc. appeals from the grant of a preliminary injunction in favor of plaintiff Ortho Pharmaceutical Company, in a contract dispute that the parties agreed to submit to arbitration. The primary issues in this appeal are whether the Federal Arbitration Act, 9 U.S.C. §§ 1-15 (1982), abrogates the district court's power to issue a preliminary injunction in an arbitrable dispute, and whether...

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