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KLAMATH-LAKE PHARM. v. KLAMATH MED. SERV. BUREAU

No. 81-3608.

701 F.2d 1276 (1983)

KLAMATH-LAKE PHARMACEUTICAL ASSOCIATION, an Oregon non-profit corporation, on behalf of its assignors, Plaintiff-Appellant, v. KLAMATH MEDICAL SERVICE BUREAU, an Oregon non-profit corporation, and Klamath Bureau Pharmacy, Inc., a now dissolved Oregon profit corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1983.

As Amended April 1, 1983.

Attorney(s) appearing for the Case

Henry Kane, Beaverton, Or., for plaintiff-appellant.

Thomas M. Triplett, Souther, Spaulding, Kinsey, Williamson & Schwab, Portland, Or., for defendants-appellees.

Before KILKENNY, SNEED, and SKOPIL, Circuit Judges.

SNEED, Circuit Judge:

This appeal was filed by Klamath-Lake Pharmaceutical Association (Association), the assignee of the antitrust claims of a group of pharmacies that service the Klamath Falls, Oregon area. Association's assignors have been losing business to a local nonprofit health care provider, Klamath Medical Service Bureau (Provider), ever since it began to offer prescription drugs in kind under its group health insurance policies. Association in 1978 sued...

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