Majority
p. 440WARNER-LAMBERT CO., LLC, ET AL. v. KENT ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 06-1498. Argued February 25, 2008 Decided March 3, 2008
Carter G. Phillips argued the cause for petitioners. With him on the briefs were Daniel E. Troy, Rebecca K. Wood, Eamon P. Joyce, Quin M. Sorenson, David Klingsberg, and Steven Glickstein.
Daryl Joseffer argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Clement, Acting Assistant Attorney General Bucholtz, Deputy Solicitor General Kneedler, Douglas N. Letter, Daniel Meron, Gerald F. Masoudi, and Eric M. Blumberg.
Allison M. Zieve argued the cause for respondents. With her on the brief were David R. Parker, Brian Wolf man, Scott L. Nelson, Theodore Goldberg, and David Bennet Rodes.[1]
The judgment is affirmed by an equally divided Court.
The Chief Justice took no part in the consideration or decision of this case.