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DRUG MART PHARMACY CORP. v. AMERICAN HOME PRODUCTS CORP.

No. 93-CV-5148 (ILG).

288 F.Supp.2d 325 (2003)

DRUG MART PHARMACY CORP., et al., Plaintiffs, v. AMERICAN HOME PRODUCTS, CORP., et al., Defendants.

United States District Court, E.D. New York.

October 23, 2003.

Attorney(s) appearing for the Case

Mary McInnis Boies, Mary Boise & Associates, Bedford, NY, William Duker, Boies Schiller & Flexner LLP, New York City, for Plaintiffs.

Micheal J. Gallagher, Richard J. Holwell, Robert A. Milne, Ronald W. Davis, White & Case, Wayne A. Cross, Dewey Ballantine LLP, New York City, John W. Nields, Jr., Howrey, Simon, Arnold & White, LLP, Marguerite S. Boyd, William L. Webber, Howrey & Simpson, Washington, DC, Mark S. Stewart, Ballaerd Spahr Andrews & Ingersoll, LLP, Philadelphia, PA, James C. Egan, Clifford Chance US LLP, Washington, DC, for Defendants.

ORDER

GLASSER, District Judge.

The manufacturer defendants (the "defendants") have moved this Court for an Order that would grant them summary judgment with respect to post May 1, 1996 claims asserted against them. The Boies/Gravante and the Malley plaintiffs (the "individual plaintiffs" or the "opt-out plaintiffs" or the "plaintiffs") have moved this Court for an Order declaring that questions of fact exist for trial and that would direct expedited discovery...

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