Legal Opinion
Alpharma, Inc., a Delaware Corporation v. Pennfield Oil Company, Doing Business as Pennfield Animal Health, a Nebraska Corporation
Court of Appeals for the Eighth Circuit
Decided June 17, 2005No. 04-2958PublishedCited by 48 opinions
1Opinion of the Court
MURPHY, Circuit Judge.
Alpharma Inc. filed this action against its competitor Pennfield Oil Co., alleging that Pennfield had violated the Lanham Act and state law by falsely advertising that one of its antibiotic animal feed additives was approved for certain uses by the Food and Drug Administration (FDA). The district court 1 granted Pennfield’s motion to dismiss, holding that Alpharma had failed to exhaust administrative remedies. Alpharma appeals, and we reverse.
Alpharma and Pennfield are the only manufacturers of bacitracin methylene disalicylate (BMD), an antibiotic animal feed additive…
2Cases cited20 opinions
- Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Far East Conference v. United StatesSupreme Court of the United States · 1952
- Pdk Labs, Inc., Plaintiff-Counter-Defendant-Appellee v. Mitchell K. Friedlander, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 1997
- Mylan Laboratories, Inc. v. MatkariCourt of Appeals for the Fourth Circuit · 1993
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3Cited by48 opinions
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- United States v. Mahendra Pratap GuptaCourt of Appeals for the Eleventh Circuit · 2006
- PhotoMedex, Inc. v. IrwinCourt of Appeals for the Ninth Circuit · 2010
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