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PHARMACY, INC. v. AMERICAN PHARMACEUTICAL PARTNERS

Civil Action No. 05-776 (DRH)(AKT).

511 F.Supp.2d 324 (2007)

PHARMACY, INC., Plaintiff, v. AMERICAN PHARMACEUTICAL PARTNERS, INC., Defendant.

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

September 14, 2007.

Attorney(s) appearing for the Case

Rosenberg Feldman Smith LLP, by Michael H. Smith, Esq., New York, NY, for Plaintiff.

Morrison & Foerster LLP, by Karen L. Hagberg, Esq., David J. Fioccola, Esq., New York, NY, for Defendant.

MEMORANDUM & ORDER

DENIS R. HURLEY, Senior District Judge.

Plaintiff, Pharmacy Inc. ("Plaintiff' or "Pharmacy"), commenced this action against Defendant, American Pharmaceutical Partners, Inc. ("Defendant" or "APP"), seeking to recover for APP's alleged breach of contract. Presently before the Court is APP's motion for summary judgment. For the reasons set forth below, the motion is granted as to any claim for lost royalties for Steri-Temp but is otherwise...

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