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FEDERAL PRESCRIPTION SERVICE v. AM. PHARM. ASS'N

Civ. A. No. 77-1163.

471 F.Supp. 126 (1979)

FEDERAL PRESCRIPTION SERVICE, INC., et al., Plaintiffs, v. AMERICAN PHARMACEUTICAL ASSOCIATION et al., Defendants.

United States District Court District of Columbia.

March 27, 1979.

Attorney(s) appearing for the Case

George S. Leonard, Alexandria, Va., for plaintiffs.

Arthur B. Hanson, Washington, D. C., for American Pharmaceutical Ass'n and William S. Apple.

Richard M. Rindler, Washington, D. C., for National Ass'n of Retail Druggists.

Jerry D. Voight, Washington, D. C., James L. Siekmann, Chicago, Ill., for National Assn. of Boards of Pharmacy.

MEMORANDUM OPINION

GESELL, District Judge.

The National Association of Retail Druggists ("NARD"), one of the defendants in this civil jury antitrust damage action, initially moved for summary judgment more than nine months ago. At that time, the Court, pursuant to Fed.R.Civ.P. 56(f), delayed its consideration of the motion so that plaintiffs could have full opportunity to perfect their claims by discovery prior to response. Plaintiffs then searched NARD...

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