SULLIVAN'S WHOLESALE DRUG CO. v. FARYL'S PHARMACY, INC.

No. 5-90-0344.

573 N.E.2d 1370 (1991)

214 Ill. App.3d 1073

158 Ill.Dec. 185

SULLIVAN'S WHOLESALE DRUG COMPANY, INC., Plaintiff-Appellant, v. FARYL'S PHARMACY, INC., a Corporation; Enloe Drugs, Inc., a Corporation; Health Group Care Centers, Inc., a Corporation; and Miller Rutledge Corporation, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Rehearings Denied July 8, 1991.


Attorney(s) appearing for the Case

Carl E. Kasten and Nancy L. Ruyle, Phelps, Carmody, Kasten, Verticchio & Ruyle, Carlinville, for plaintiff-appellant.

Jason M. Rugo, Gallop, Johnson & Neuman, St. Louis, for Health Group Care Centers, Inc., and Miller Rutledge Corp.

Frederic L. Kenney and Glen A. Featherstun, Armstrong, Winters, Prince, Featherstun & Johnson, Decatur, for Enloe Drugs, Inc.

George E. Ginos, Hillsboro, for Faryl's Pharmacy, Inc.


Justice HARRISON delivered the opinion of the court:

Sullivan's Wholesale Drug Company, Inc. (Sullivan's), filed a five-count complaint in the circuit court of Montgomery County against Faryl's Pharmacy, Inc. (Faryl's); Enloe Drugs, Inc. (Enloe); Health Group Care Centers, Inc. (Health Group Care); and Miller Rutledge Corporation to challenge what it alleged was an illegal kickback scheme involving the sale of drugs to...

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