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BALLARD MEDICAL PRODUCTS v. CONCORD LABORATORIES

Civ. A. No. 88-152 MMS.

700 F.Supp. 796 (1988)

BALLARD MEDICAL PRODUCTS, Plaintiff, v. CONCORD LABORATORIES, INC., Smiths Industries, and Medical Systems, Inc., Defendants and Counterclaim Plaintiffs, v. F. Richard RADFORD, Counterclaim Defendants.

United States District Court, D. Delaware.

December 5, 1988.

Attorney(s) appearing for the Case

Robert H. Whetzel, of Richards, Layton & Finger, Wilmington, Del., Of Counsel: Gary M. Hoffman, Sallie H. Helm, and Michael C. Greenbaum, of Dickstein, Shapiro & Morin, Vienna, Va., for Ballard Medical Products and F. Richard Radford.

Arthur G. Connolly, Jr., of Connolly, Bove, Lodge & Hutz, Wilmington, Del., Sewall P. Bronstein, George W. Neuner, and Ronald I. Eisenstein, of Dike, Bronstein, Roberts, Cushman and Pfund, Boston, Mass., for Concord Laboratories, Inc. and Smiths Industries Medical Systems, Inc.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

Defendants, Concord Laboratories, Inc. ("Concord") and Smiths Industries Medical Systems, Inc. ("SIMS") move to transfer an action in this Court filed by the plaintiff, Ballard Medical Products ("Ballard"), to the United States District Court for the District of New Hampshire pursuant to 28 U.S.C. § 1404(a) (1982) or, in the alternative, to stay this action pending resolution of a concurrent federal action in...

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