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L. S. AMSTER & CO., INC. v. McNEIL LABORATORIES, INC.

No. 76 Civ. 1214(MEL).

504 F.Supp. 617 (1980)

L. S. AMSTER & CO., INC. and Interstate Cigar Co., Inc., Plaintiffs, v. McNEIL LABORATORIES, INC., Defendant.

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

December 30, 1980.

Attorney(s) appearing for the Case

Noel W. Hauser, P. C., New York City, for plaintiffs.

Patterson, Belknap, Webb & Tyler, New York City, for defendant; Thomas C. Morrison, Gene M. Bauer, Christine H. Miller, New York City, of counsel.

LASKER, District Judge.

L. S. Amster & Co., Inc. (Amster) and Interstate Cigar Co., Inc. (Interstate) sue McNeil Laboratories, Inc. (McNeil) alleging that McNeil's enforcement of its advertising allowance program for its product Tylenol violated the Robinson-Patman Act, 15 U.S.C. §§ 13 et seq., and the Sherman Act, 15 U.S.C. §§ 1 et seq. McNeil moves for summary judgment dismissing the complaint, and on its first counterclaim...

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