Gerald M. Burke , Attorney, Office of the United States Attorney, Civil Division, Fairview Heights, IL, George A. Zelcs , Attorney, Korein Tillery LLC, Chicago, IL, Aaron M. Zigler , Attorney, Korein Tillery, St. Louis, MO, for Parties-in-Interest.
Allyson Newton Ho , Attorney, Morgan, Lewis & Bockius LLP, Dallas, TX, for Amicus Curiae Rite Aid Corporation.
David Charles Frederick , Attorney, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, Harold Krent , Attorney, Chicago Kent College of Law, Chicago, IL, for Amicus Curiae Charles E. Grassley, United States Senator.
Before Wood, Chief Judge, and Easterbrook and Hamilton, Circuit Judges.
Wood, Chief Judge.
James Garbe, an experienced pharmacist, began working at Kmart pharmacy in Ohio in 2007. One day, Garbe picked up a personal prescription at a competitor pharmacy. When he reviewed his receipt, Garbe got a surprise: the competitor pharmacy had charged his Medicare Part D insurer far less than Kmart ordinarily charged it for the...
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