National Ass'n of Pharmaceutical Manufacturers, Inc. v. Ayerst Laboratories

PIERCE, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Kram, Judge, entered pursuant to an order of United States Magistrate Buchwald, dismissing appellants’ complaint. The underlying dispute began in January, 1986, when appellee Ayerst Laboratories, Inc. (“Ayerst”), a division of American Home Products Corporation engaged in the manufacture and sale of brand name pharmaceuticals, sent a letter (the “January 1986 Letter” or the “Letter”) to pharmacists throughout the United States discussing the merits of substituting…