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ALPHARMA, INC. v. PENNFIELD OIL CO.

No. 04-2958.

411 F.3d 934 (2005)

ALPHARMA, INC., A Delaware Corporation, Plaintiff — Appellant, v. PENNFIELD OIL COMPANY, doing business as Pennfield Animal Health, A Nebraska Corporation, Defendant — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 17, 2005.

Attorney(s) appearing for the Case

Douglas J. Behr, argued, Washington, D.C. (John B. Dubeck and Eric H. Singer, Washington, D.C., on the brief), for appellant.

John H. Korns, argued, Washington D.C. (Edward J. Allera and Donald E. Segal, D.C., Bruce D. Vosburg, Omaha, NE, on the brief), for appellee.

Before MURPHY, HEANEY and SMITH, Circuit Judges.

MURPHY, Circuit Judge.

Alpharma Inc. filed this action against its competitor Pennfield Oil Co., alleging that Pennfield had violated the Lanham Act and state law by falsely advertising that one of its antibiotic animal feed additives was approved for certain uses by the Food and Drug Administration (FDA). The district court1 granted Pennfield's motion to dismiss, holding that Alpharma had failed to exhaust administrative remedies. Alpharma...

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