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Pfizer v. Zenith Laboratories Inc.

December 31, 1964

CHAS. PFIZER & CO., INC.,
v.
ZENITH LABORATORIES, INC., AND CONTINENTAL VITAMINS CORP. CONTINENTAL VITAMINS CORP., APPELLANT.



Before BIGGS, Chief Judge, and FORMAN and SMITH, Circuit Judges.

Per Curiam.

We have examined and re-examined the record in this case and have weighed the arguments of the parties. It is clear that the court below did not err in its decree of December 16, 1964 (entered December 17, 1964), denying a motion by the defendant-appellant, Continental Vitamins Corp., to enjoin the plaintiff-appellee, Chas. Pfizer & Co., Inc., inter alia, from proceeding with the prosecution of a civil suit instituted by the plaintiff against Barry-Martin Pharmaceuticals, Inc., in the United States District Court for the Southern District of Florida, Miami Division, viz., Civil Action No. 64-175-Civ.-EC.

Consequently, the decree appealed from will be affirmed.

19641231

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