with respect to its entrance into the tetracycline market.
The record before me indicates that the plaintiff has sustained its burden by showing that there exists serious and substantial questions as to merits of the allegations of the Amended Complaint involving the legality of Cyanamid's termination of the Wholesaler Agreements. These questions do make a fair ground for litigation with a reasonable likelihood that McKesson will prevail at the trial on the merits.
McKesson has also shown that it will suffer irreparable harm if an injunction pendente lite is not granted while the possible harm to Cyanamid is minimal. Finally, there is nothing on the record which precludes the granting of relief by way of the doctrine of unclean hands.
The foregoing Statement of Facts, discussion and Conclusions shall constitute my Findings of Fact and Conclusions of Law. In addition, plaintiff's proposed Findings of Fact Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 16, 19, 20, 22, 24, 25, 26, 27, 29, 30, 32, 34, 36, 41, 48, 49, 50, 51, 52, 53, 55, 56, 57, 58, 61, 62, 63, 64, 65, 69, 70 and 71 are affirmed. Defendant's Proposed Findings of Fact Nos. 1(a)-(d), 2(a)-(c), 3(b)-(i), 4(a)-(f), 7(a)-(f), 10(a)-(b), 11(b)-(d), 13(b), 14(c), (e) and (f) are affirmed. All other Proposed Findings of Fact and Conclusions of Law inconsistent with this Opinion are severally denied.
And now, this 4th day of November 1964, upon consideration of the record, the proposed findings of fact and conclusions of law and the briefs submitted on behalf of the parties, it is ordered that the defendant, American Cyanamid Company, is hereby enjoined from refusing to sell pharmaceutical and drug products to the plaintiff, McKesson and Robbins, Inc., pending final disposition of this litigation; the defendant is further ordered to resume selling its pharmaceutical and drug products manufactured by its Lederle Laboratories Division to the plaintiff on the same terms and conditions heretofore existing as provided in defendant's Wholesale Distributor Agreement; plaintiff shall file a bond in the amount of $ 50,000.00, upon which this Order shall become effective.
And now this 5th day of November, 1964, upon consideration of the Affidavit of Lyman C. Duncan, and the arguments of counsel, it is hereby ordered that the Motion to Stay this Court's Order, filed November, 4, 1964 is hereby denied;
It is further ordered that this Court's Order, filed November 4, 1964, is hereby amended by adding:
'Plaintiff, McKesson & Robbins, Inc. shall not utilize its salesmen or employ other personnel in the detailing of physicians in their private practice for the promotion of McKesson brand tetracycline pending disposition of any appeal from this Order.'