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Date: | Wed, 21 Feb 2007 14:09:02 GMT |
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First,the proper citation is: 907 S.W.2d 503, 515 (Tex. 2004). The
cite given in the article was the lower court cite. Second, the
dissenting judge did not make findings, rather he noted these
allegations as part of the plaintiff's complaint and said the
plaintiffs should have been allowed to proceed with their anti-trust
action. The case involved whether or not an antitrust action could be
maintained. The item of interest is that the dissent is the following
footnote found on page 516, n.2
n2 A Ross Laboratories Training Manual emphasized the importance of
the hospital staff: Ross Hospital Feeding System is designed to
provide an early and convenient means of getting infants started on
Similac . . . and ultimately sent home with instructions that they
continue to use Similac. Never underestimate the importance of nurses.
If they are sold and serviced properly, they can be strong allies. A
nurse who supports Ross is like an extra salesperson.
This is NOT a finding, just a mere note. The court made *no* findings
about formula companies, and indeed, the majority would not even let
the case go forward as an antitrust action. The dissent would have
allowed the case to proceed.
Melissa Vance, JD
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