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WARREN GEN. HOSP. v. AMGEN INC.

No. 10-2778.

643 F.3d 77 (2011)

WARREN GENERAL HOSPITAL, Appellant v. AMGEN INC.

United States Court of Appeals, Third Circuit.

Filed: June 14, 2011.

Attorney(s) appearing for the Case

Jeffrey L. Kodroff, Esq. , Jeffrey J. Corrigan, Esq. , (Argued), Spector, Roseman, Kodroff & Willis, P.C., Philadelphia, PA, Counsels for Appellant.

Michael R. Griffinger, Esq. , Michael F. Quinn, Esq. , Guy V. Amoresano, Esq. , Christopher Walsh, Esq. , Gibbons P.C., Newark, NJ, Bobby R. Burchfield, Esq. , (Argued), Raymond A. Jacobsen, Jr., Esq. , Jon B. Dubrow, Esq. , William Diaz, Esq. , McDermott, Will & Emry LLP, Washington, D.C., Counsels for Appellee.

Before: FUENTES and CHAGARES, Circuit Judges, and POLLAK, Senior District Judge.

OPINION OF THE COURT

FUENTES, Circuit Judge.

This appeal raises the question of whether a hospital that purchases certain pharmaceutical products from a wholesaler middleman has standing under Illinois Brick Co. v. Illinois, 431 U.S. 720, 97 S.Ct. 2061, 52 L.Ed.2d 707 (1977), to bring an illegal tying claim under federal law against the manufacturer of the pharmaceutical drugs, Amgen. In Illinois Brick, the Supreme...

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