Jefferson County Pharmaceutical Association, Inc. v. Abbott Laboratories

709 F.2d 8, 1983 U.S. App. LEXIS 26090

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 5, 1983
• Docket: 79-1150
• Status: Published

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

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.