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GRANT v. PHARMACIA & UPJOHN CO.

No. 01-1509.

314 F.3d 488 (2002)

Paul J. GRANT, M.D.; Bruce G. Klaas, Esq.; Guinter Kahn, M.D., Plaintiffs-Appellants, and Glen Kahn, Liquidating Trustee for Minoxidil Royalty Partners, a Massachusetts General Partnership, Plaintiff-Intervenor, v. PHARMACIA & UPJOHN COMPANY, formerly known as The Upjohn Company, a Delaware corporation, Defendant-Appellee. and Bruce G. Klaas, Esq., Defendant-Intervenor.

United States Court of Appeals, Tenth Circuit.

December 23, 2002.

Attorney(s) appearing for the Case

Brett Marshall Godfrey (William L. Burk, with him on the briefs), Godfrey & Lapuyade, P.C., Englewood, CO, for Plaintiffs-Appellants.

Stephen E. Scheve (William P. Jensen and Manuel Lopez, Shook, Hardy & Bacon, L.L.P., Houston, TX, and Ty Cobb and David L. London, Hogan & Hartson, L.L.P., Denver, CO, with him on the brief), for Defendant-Appellee.

Before KELLY, McKAY, and HARTZ, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

In this diversity case, Plaintiffs-Appellants, Drs. Grant and Kahn and their former lawyer, Bruce G. Klaas, Esq.1, appeal from the district court's grant of summary judgment in favor of Defendant-Appellee Pharmacia & Upjohn Co. ("Upjohn") on a claim for royalty payments under a contract regarding a pharmaceutical patent. Our jurisdiction arises under 28 U.S.C. § 1291. Finding that the contract does...

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