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AMERICAN HOME PRODUCTS CORP. v. JOHNSON & JOHNSON

No. 85 Civ. 4858 (WCC).

654 F.Supp. 568 (1987)

AMERICAN HOME PRODUCTS CORPORATION, Plaintiff, v. JOHNSON & JOHNSON, McNeilab, Inc., Saatchi & Saatchi Compton, Inc., and Kallir Philips Ross, Inc.

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

As Amended April 1, April 6 and April 7, 1987.

Attorney(s) appearing for the Case

Arnold & Porter, Washington, D.C., Parker Auspitz Neesemann & Delehanty P.C., New York City, for plaintiff; Stuart J. Land, Steven P. Lockman, Washington, D.C., Jack C. Auspitz, New York City, of counsel.

Patterson, Belknap, Webb & Tyler, New York City, for defendants; David F. Dobbins, Gregory L. Diskant, of counsel.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

This lawsuit represents a major battle in an endless war between two titans of the over-the-counter ("OTC") drug industry, in which each accuses the other of falsity in its advertising claims of efficacy and safety. Small nations have fought for their very survival with less resources and resourcefulness than these antagonists have brought to their epic struggle...

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