JEFFERSON COUNTY PHARMACEUTICAL ASSOCIATION, INC., PLAINTIFF-APPELLANT,
v.
ABBOTT LABORATORIES, ET AL., DEFENDANTS-APPELLEES

5th Cir. | 1983-07-05
No. 79-1150
Before VANCE, FRANK M. JOHNSON, Jr., and THOMAS A. CLARK, Circuit Judges.
709 F.2d 8 Court of Appeals for the Fifth Circuit (1983)

Opinion of the Court

Before VANCE, FRANK M. JOHNSON, Jr., and THOMAS A. CLARK, Circuit Judges.

ORDER:

The district court judgment in this case was affirmed by this court in Jefferson County Pharmaceutical Association, Inc. v. Abbott Laboratories, et al., 656 F. 2d 92 (5th Cir.1981). The judgment of this court has now been reversed by the Supreme Court of the United States. Jefferson County Pharmaceutical Association, Inc. v. Abbott Laboratories, et al., - U.S. -, 103 S.Ct. 1011, 74 L.Ed.2d 882 (1983).

WHEREUPON, IT IS ORDERED that the judgment of the district court is reversed, and this cause is remanded to the United States District Court for the Northern District of Alabama for further proceedings in conformity with the opinion of the Supreme Court of the United States. IT IS FURTHER ORDERED that the petitioner, Jefferson County Pharmaceutical Association, Inc., recover from Abbott Laboratories, et al., its costs on this appeal.


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