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McNEILAB, INC. v. AMERICAN HOME PRODUCTS CORP.

No. 87 Civ. 3712 (WCC).

683 F.Supp. 332 (1987)

McNEILAB, INC., Plaintiff, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant.

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

October 2, 1987.

Attorney(s) appearing for the Case

Patterson, Belknap, Webb & Tyler (David F. Dobbins, Janet Cohn, of counsel), New York City, for McNeilab, Inc.

Arnold & Porter (Stuart J. Land, Steven P. Lockman, of counsel), Washington, D.C., Parker Auspitz Neeseman & Delehanty, P.C. (Jack C. Auspitz, Kim J. Landsman, Charles F. Hagan, William P. Woods, Egon E. Berg, American Home Products Corp., of counsel), New York City, for American Home Products Corp.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

This action under § 43(a) of the Lanham Trade-Mark Act of 1946, 15 U.S.C. § 1125(a) and the New York General Business Law, charging false claims of safety in the advertising of defendant's over-the-counter ("OTC") internal analgesic ADVIL, is before the Court on defendant's motion to strike plaintiff's jury demand and on plaintiff's motion to dismiss its Second Amended Complaint without prejudice...

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