PFIZER, INC. v. GOVERNMENT OF INDIA

No. 76-1064.

550 F.2d 396 (1976)

PFIZER, INC., et al., Appellants, v. The GOVERNMENT OF INDIA et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 19, 1976.

On Rehearing September 3, 1976.

Certiorari Granted April 18, 1977.


Attorney(s) appearing for the Case

Samuel W. Murphy, Jr., Donovan, Leisure, Newton & Irvine, New York City, for appellants.

Douglas V. Rigler, Foley, Lardner, Hollabaugh & Jacobs, Washington, D. C., for appellee, Republic of the Philippines.

Julius Kaplan, Kirkwood, Kaplan, Russin & Vecchi, Washington, D. C., for Government of India and Republic of Vietnam.

Harold C. Petrowitz, Becker, Channell, Becker & Feldman, Washington, D. C., for appellee, Imperial Government of Iran.

Catherine G. O'Sullivan, Dept. of Justice, Washington, D. C., Thomas E. Kauper, Asst. Atty. Gen., Antitrust Division, Howard E. Shapiro and Samuel R. Simon, Attys., Dept. of Justice, on the brief, for amicus curiae (urging affirmance), United States of America.

Allen F. Maulsby, New York City, for appellants, Squibb Corp., E. R. Squibb & Sons, Inc. and Olin Corp.

John H. Morrison, Chicago, Ill., and Joe A. Walters, Minneapolis, Minn., for appellant, Pfizer, Incorporated.

Peter Dorsey, Minneapolis, Minn., for appellant, American Cyanamid Co.

Before LAY, ROSS and STEPHENSON, Circuit Judges.


On Rehearing En Banc September 3, 1976.

Certiorari Granted April 18, 1977. See 97 S.Ct. 1643.

LAY, Circuit Judge.

This interlocutory appeal is brought under 28 U.S.C. § 1292(b) by six major pharmaceutical firms, defendants in the district court in antitrust treble damage suits brought by the governments of several foreign countries.1 The sole question certified for appeal is whether the district court was correct in...

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