BARTON & PITTINOS, INC. v. SMITHKLINE BEECHAM CORP.

No. 96-1941.

118 F.3d 178 (1997)

BARTON & PITTINOS, INC., Appellant, v. SMITHKLINE BEECHAM CORPORATION.

United States Court of Appeals, Third Circuit.

Decided July 18, 1997.


Attorney(s) appearing for the Case

Barbara W. Mather (Argued), Philip H. Lebowitz, Nicole D. Galli, Pepper, Hamilton & Scheetz, Philadelphia, PA, Kenneth H. Zucker, Pepper, Hamilton & Scheetz, Berwyn, PA, for Appellant.

James D. Coleman (Argued), Thomas B. Roberts, Ballard Spahr Andrews & Ingersoll, Philadelphia, PA, for Appellee.

Before: COWEN, ALITO, and GARTH, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge:

Appellant Barton & Pittinos, Inc. ("B&P") is a pharmaceutical marketing company. B&P entered into a contract with appellee SmithKline Beecham Corp. ("SKB") to market SKB's Engerix-B vaccine for hepatitis-B ("the vaccine") to nursing homes. Under the terms of the program, B&P would provide the nursing homes with information about the vaccine and would solicit orders. B&P would then pass the orders...

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