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BIRMINGHAM ASSOCIATES LTD. v. ABBOTT LABORATORIES

No. 07 Civ. 11332(SAS).

547 F.Supp.2d 295 (2008)

BIRMINGHAM ASSOCIATES LTD., Plaintiff, v. ABBOTT LABORATORIES, Defendant.

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

April 14, 2008.

Attorney(s) appearing for the Case

Daniel C. Malone, Esq., George K. Foster, Esq., Ross L. Hirsch, Esq., Eric C. Kirsch, Esq., Dechert LLP, New York, NY, for Plaintiff.

William F. Cavanaugh, Jr., Esq., Nicolas Commandeur, Esq., Patterson Belknap Webb & Tyler LLP, New York, NY, for Defendant.

OPINION & ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Birmingham Associates Ltd. ("Birmingham") has brought this action against Abbott Laboratories ("Abbott") to resolve a dispute regarding Abbott's decision to terminate the development of a stent product in which Birmingham invested. Abbott now moves to compel arbitration and dismiss or stay this litigation pending resolution of an arbitration between Abbott Laboratories...

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