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MILES, INC. v. SCRIPPS CLINIC & RESEARCH FOUND.

Civ. No. 88-0708-R (CM).

810 F.Supp. 1091 (1993)

MILES, INC., Plaintiff, v. SCRIPPS CLINIC AND RESEARCH FOUNDATION, Rorer Group, Inc., Armour Pharmaceutical Co., Revlon, Inc., Robert N. Nakamura, an individual, and Francis O. Zimmerman, as executor and personal representative of the Estate of Theodore S. Zimmerman, Defendants.

United States District Court, S.D. California.

January 11, 1993.

Attorney(s) appearing for the Case

Roger L. Taylor, Hugh J. Totten (argued), Kirkland & Ellis, Chicago, IL, for plaintiff.

Lawrence Kahan, Paula Rotenberg (argued), Mulvaney, Kahan & Barry, San Diego, CA, for defendants Rorer, Armour, and Revlon.

William Grauer (argued), Gray, Cary, Ames & Frye, San Diego, CA, for defendants Scripps Clinic, Nakamura, and Zimmerman.

ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS

RHOADES, District Judge.

I. STATEMENT OF FACTS

A. The Parties

Scripps-Miles, Inc. ("Scripps-Miles") was a corporation jointly owned by Plaintiff Miles, Inc. ("Miles"), a pharmaceutical company, and Defendant Scripps Clinic and Research Foundation ("Scripps"), a non-profit research foundation. One purpose of forming the corporation was to prepare and sell immuno-chemical materials. Defendant...

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