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ETHEX CORP. v. FIRST HORIZON PHARMACEUTICAL CORP.

No. 4:01CV1901 ERW.

228 F.Supp.2d 1048 (2002)

ETHEX CORPORATION, a Missouri Corporation and Ther-Rx, a Missouri Corporation, Plaintiffs, v. FIRST HORIZON PHARMACEUTICAL CORPORATION, a Georgia Corporation, Defendant.

United States District Court, E.D. Missouri, Eastern Division.

October 1, 2002.

Attorney(s) appearing for the Case

Terrence J. O'Toole, Charles A. Weiss, Bryan Cave LLP, St. Louis, MO, for plaintiffs.

Mark H. Levison, Steven M. Wald, Lathrop and Gage, St. Louis, MO, C. David Johnston, Michael S. Rosenthal, Wagner and Johnston, Atlanta, GA, for defendant.

MEMORANDUM AND ORDER

WEBBER, District Judge.

This matter is before the Court on Plaintiffs' Motion to Dismiss all ten counts of Defendant's Counterclaim under Rule 12(b)(6) for failure to state a claim upon which relief could be granted [doc. # 21]. For the reasons outlined below, Plaintiffs' motion is granted in part and denied in part.

I. BACKGROUND FACTS

The Plaintiffs, Ethex Corporation (Ethex) and Ther-Rx Corporation, (Ther...

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