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H. L. MOORE DRUG EXCH. v. ELI LILLY & CO.

No. 76 Civ. 2817.

457 F.Supp. 75 (1978)

H. L. MOORE DRUG EXCHANGE, division of/and Levitt Industries, Inc., Plaintiff, v. ELI LILLY AND COMPANY, Defendant.

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

July 17, 1978.

Attorney(s) appearing for the Case

Bass, Ullman & Lustigman, New York City, for plaintiff; Sheldon S. Lustigman, I. Scott Bass, New York City, of counsel.

Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendant; Edward N. Sherry, Jack Kaufmann, John F. Collins, New York City, of counsel.

OPINION

SWEET, District Judge.

Plaintiff H. L. Moore Drug Exchange ("Moore") has moved this court for an order pursuant to Rule 54(b) of the Federal Rules of Civil Procedure certifying as a final judgment that portion of an order dated May 31, 1978 entered by the court (Gagliardi, J.)1 dismissing Counts II and III of Moore's amended complaint in this action.2 Defendant Eli Lilly and Company ("Lilly...

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