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PLOUGH, INC. v. ALLERGAN, INC.

No. 90-2272-4B.

741 F.Supp. 144 (1990)

PLOUGH, INC., a Delaware Corporation, Plaintiff, v. ALLERGAN, INC., a Delaware Corporation, and Herbert Laboratories, a Division of Allergan, Inc., Defendants.

United States District Court, W.D. Tennessee, W.D.

June 12, 1990.

Attorney(s) appearing for the Case

Glen G. Reid, Jr., Herbert E. Gerson, Kathleen D. Blair, McDonnell Boyd Smith & Solmson, Memphis, Tenn., John W. Nields, Thomas J. Horton, Howrey & Simon, Washington, D.C., for plaintiff.

Prince C. Chambliss, Jr., Paul E. Prather, Armstrong Allen Prewitt Gentry Johnson & Holmes, Memphis, Tenn. (Don W. Martens, James F. Lesniak, Gerard von Hoffman, William C. Rooklidge, Knobbe Martens Olson & Bear, Newport Beach, Cal., of counsel), Harry J. Leonhardt, Irvine, Cal., for defendants.

ORDER DENYING ALLERGAN'S MOTION TO DISMISS OR IN THE ALTERNATIVE TO STAY OR TRANSFER

McRAE, Senior District Judge.

The present case is a declaratory judgment action brought by plaintiff Plough, Inc. ("Plough") against Allergan, Inc. and its subsidiary Herbert Laboratories (collectively referred to herein as "Allergan") pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201. The complaint seeks a judgment declaring that Plough has not violated Section...

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