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GEORGIA DNR v. THERAGENICS CORP.

No. S00G1851.

545 S.E.2d 904 (2001)

273 Ga. 724

GEORGIA DEPARTMENT OF NATURAL RESOURCES et al. v. THERAGENICS CORPORATION.

Supreme Court of Georgia.

April 30, 2001.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Robert S. Bomar, Deputy Atty. Gen., Isaac Byrd, Senior Asst. Atty. Gen., John E. Hennelly, Asst. Atty. Gen., Atlanta, for appellants.

Powell, Goldstein, Frazier & Murphy, Jerry B. Blackstock, John W. Harbin, Tracy M. Culver, Adam P. Princenthal, Chorey, Taylor & Feil, Otto F. Feil III, Atlanta, for appellee.

Susan M. Pruett, Ted C. Baggett, James F. Grubiak, Kelly J. Pridgen, Atlanta, James E. Elliott, Jr., Warner Robins, amici curiae.

CARLEY, Justice.

Appellee Theragenics Corporation is a Georgia company that develops, manufactures and sells radioactive "seeds" for use in a cancer treatment procedure know as brachytherapy. The active element in the seeds is Palladium 103 (Pd-103), which does not exist in nature and which Theragenics manufactures by using its own proprietary method. Theragenics was the first company to produce and market a Palladium seed, and it is apparently only one of two that...

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