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SUSSEX DRUG PRODUCTS v. KANASCO, LTD.

No. 90-5269.

920 F.2d 1150 (1990)

SUSSEX DRUG PRODUCTS, a corporation of the State of New Jersey, Appellee, v. KANASCO, LTD., a corporation of the State of Maryland, a/t/a/d/b/a John D. Copanos & Sons, Inc.; John D. Copanos & Sons, Inc., a corporation of the State of Florida; and John D. Copanos, an individual. Appeal of KANASCO, LTD. and John D. Copanos & Sons, Inc.

United States Court of Appeals, Third Circuit.

Decided December 19, 1990.

Attorney(s) appearing for the Case

Clarkson S. Fisher, Jr. (argued), Ober, Kaler, Grimes & Shriver, Edison, N.J., for appellants Kanasco, Ltd., and John D. Copanos & Sons, Inc.

Robert J. Candido (argued), Thomas L. Weisenbeck, Jan C. Walker, Hannoch & Weisman, Roseland, N.J., for appellee Sussex Drug Products Co.

Before SLOVITER, BECKER and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this suit growing out of the sale of adulterated pharmaceuticals, the district court entered partial summary judgment awarding compensatory damages for breach of contract and warranties and certified the judgment under Federal Rule of Civil Procedure 54(b). Remaining for disposition is a count for punitive damages based on the same sales. Because the partial summary judgment is not final, we will dismiss the appeal...

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