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DM RESEARCH v. COLLEGE OF AMERICAN PATHOLOGISTS

No. 98-1555.

170 F.3d 53 (1999)

DM RESEARCH, INC., etc., Plaintiff, Appellant, v. COLLEGE OF AMERICAN PATHOLOGISTS and National Committee for Clinical Laboratory Standards, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 4, 1999.

Attorney(s) appearing for the Case

Evan Slavitt with whom Andrew A. Honegger and Gadsby & Hannah LLP were on brief for appellant.

Jack R. Bierig with whom Virginia A. Seitz, Sidley & Austin, Richard A. Licht, Steven M. Richard and Tillinghast, Licht & Semonoff were on brief for appellees.

Before BOUDIN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LYNCH, Circuit Judge.

BOUDIN, Circuit Judge.

DM Research, Inc., the plaintiff in the district court, is a Rhode Island company that for many years has been engaged in the production of reagents, which are substances used in the testing or synthesis of other products. The defendants in the district court were two organizations: the College of American Pathologists ("the College"), a non-profit Illinois corporation comprising several hundred pathologists, and the National Committee for Clinical...

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