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LYNNBROOK FARMS v. SMITHKLINE BEECHAM CORP.

No. 94-1227.

887 F.Supp. 1100 (1995)

LYNNBROOK FARMS, Plaintiff, v. SMITHKLINE BEECHAM CORPORATION and Norden Laboratories, Defendants.

United States District Court, C.D. Illinois, Peoria Division.

March 30, 1995.

Attorney(s) appearing for the Case

Matthew C. Potts, Whitney & Potts, Ltd., Elmwood, IL, James A. Davis, James Allen & Assoc., P.C., Tremont, NE, for plaintiff.

Thomas R. Nelson and John M. McGarry, Baker & McKenzie, Chicago, IL and Scott A. Smith and Janell M. Gabor, Popham, Haik, Schnobrich, Schnobrich & Kaufman, Ltd., Minneapolis, MN for defendant Smithkline Beecham Corp.

ORDER

MIHM, Chief Judge.

This matter comes before the Court on Defendants' Motion to Dismiss [7] and Motion for Summary Judgment [15]. Pursuant to Local Rule 1.4, the Motion to Dismiss was referred to Magistrate Judge Robert J. Kauffman. While reviewing the motion, Magistrate Kauffman determined that due to the existence of the affirmative defense of federal preemption, the Motion to Dismiss should not be ruled upon until the parties had briefed the...

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