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BAXTER INTERNATIONAL INCORPORATED v. ABBOTT LABORATORIES

No. 02-2039.

325 F.3d 954 (2003)

BAXTER INTERNATIONAL, INCORPORATED, Plaintiff-Appellant, v. Abbott LABORATORIES, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

April 10, 2003.

Attorney(s) appearing for the Case

Constantine L. Trela (argued), Sidley, Austin, Brown & Wood, Chicago, IL, for Plaintiff-Appellant.

R. Mark McCareins (argued), Winston & Strawn, Chicago, IL, for Defendant-Appellee.

Before CUDAHY, POSNER, COFFEY, EASTERBROOK, RIPPLE, KANNE, DIANE P. WOOD, EVANS, and WILLIAMS, Circuit Judges.

Plaintiff-appellant filed a petition for rehearing and rehearing en banc on January 30, 2003. A vote of the active members of the court was requested, Circuit Judges Ripple, Diane P. Wood, and Williams voted to grant rehearing en banc, and a majority of the judges voted to deny rehearing en banc. A majority of the judges on the panel voted to deny rehearing. The petition for rehearing is therefore denied.

RIPPLE, Circuit Judge, with whom DIANE P. WOOD and WILLIAMS...

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