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DRUG MART PHARMACY v. AMERICAN HOME PRODUCTS

No. 93 CV 5148(ILG)(SG).

296 F.Supp.2d 423 (2003)

DRUG MART PHARMACY, et al., Plaintiffs, v. AMERICAN HOME PRODUCTS, et al., Defendants.

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

December 22, 2003.

Attorney(s) appearing for the Case

Mary McInnis Boies, Mary Boise & Associates, Bedford, NY, William Duker, Boies Schiller & Flexner LLP, New York City, for Plaintiffs.

Michael J. Gallagher, Richard J. Holwell, Robert A. Milne, White & Case, Wayne A. Cross, Dewey Ballantine LLP, New York City, John W. Nields, Jr., Howrey, Simon, Arnold & White, LLP, Marguerite S. Boyd, William L. Webber, Howrey & Simmon, Washington, DC, Mark S. Stewart, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, PA, James C. Egan, Clifford Chance USLLP, Washington, DC, Paul E. Slater, Sperling E. Slater, P.C., Chicago, IL, for Defendants.

MEMORANDUM AND ORDER

GLASSER, District Judge.

The defendant manufacturers have moved this Court for an Order that would grant them partial summary judgment dismissing the claims of the plaintiffs represented by the firm of Boies, Schiller and Flexner, LLP ("the plaintiffs"), seeking damages for lost profits on sales of Brand Name Prescription Drugs ("BNPDs") they forewent and lost profits on the sales of ancillary products they forewent, and special damages...

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