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  5. 941 F.Supp. 1443 (1996)
 

MERCK & CO. INC. v. LYON

No. 1:96CV245.

941 F.Supp. 1443 (1996)

MERCK & CO. INC., Merck Frosst Canada, Inc. and Johnson & Johnson * Merck Consumer Pharmaceuticals Co., Plaintiffs, v. Gary A. LYON and Glaxo Wellcome, Inc., Defendants.

United States District Court, M.D. North Carolina, Durham Division.

September 11, 1996.

Attorney(s) appearing for the Case

William Sam Byassee, Jonathan A. Berkelhammer, Shannon R. Joseph, Greensboro, NC, for plaintiffs.

John R. Wester, Julian H. Wright, Jr., Charlotte, NC, Mark A. Ash, Raleigh, NC, Thomas F. Curnin, New York City, for defendants.

MEMORANDUM ORDER

TILLEY, District Judge.

This matter comes before the Court on plaintiffs' motion for a preliminary injunction,1 and defendant Glaxo Wellcome, Inc.'s motion to dismiss for failure to state a claim upon which relief can be granted. For the reasons stated below, plaintiffs' motion is granted as set forth in this order, and defendant Glaxo Wellcome, Inc.'s motion...

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