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MYLAN LABORATORIES, INC. v. MATKARI

No. 93-1041.

7 F.3d 1130 (1993)

MYLAN LABORATORIES, INCORPORATED, Plaintiff-Appellant, v. Raj MATKARI; Dilip Shah; Raju Vegesna; Mohammed F. Azeem; Charles Chang; David J. Brancato; Jin-Shung Chang; Walter Kletch; Jan T. Sturm; Pharmaceutical Basics, Incorporated; Par Pharmaceuticals, Incorporated; Quad Pharmaceuticals, Incorporated; American Therapeutics, Incorporated; American Home Products Corporation; Quantum Pharmics, Limited; Steven Colton; Salvatore J. Pinella, Defendants-Appellees, and Ashok Patel; Vitarine Pharmaceuticals, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 18, 1993.

Attorney(s) appearing for the Case

Judith Best, Debevoise & Plimpton, Washington, DC, argued (Loren Kieve, Ann M. Ashton, on brief), for plaintiff-appellant.

Peter Zimroth, Arnold & Porter, New York City, Donald John Mulvihill, Cahill, Gordon & Reindel, Washington, DC, argued (Kenneth V. Handal, Arnold & Porter, New York City, Kathy Silberthau Strom, Scott A. Martin, Cahill, Gordon & Reindel, Washington, DC, William J. Ruane, Asst. Gen. Council-Litigation, American Home Products Corp., New York City, Thomas J. McGrew, Richard M. Cooper, Richard S. Hoffman, David C. Kieman, Williams & Connolly, Steven Salky, Zuckerman, Spaeder, Goldstein, Taylor & Kolker, Hamilton P. Fox, III, Sutherland, Asbill & Brennan, Washington, DC, August Draeb, Draeb Law Office, Hebron, ND, on brief), for defendants-appellees.

Before ERVIN, Chief Judge, and MURNAGHAN and NIEMEYER, Circuit Judges. Reversed by published opinion. Judge Murnaghan wrote the opinion, in which Chief Judge Ervin and Judge Niemeyer joined.

OPINION

MURNAGHAN, Circuit Judge:

Plaintiff-appellant Mylan Laboratories, Inc. ("Mylan") has appealed the dismissal of its Third Amended Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court dismissed all of Mylan's claims with prejudice.

On appeal, Mylan has maintained that its Third Amended Complaint was sufficient to survive the Rule 12(b)(6) stage. Specifically, Mylan has asserted that...

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