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K-S PHARMACIES v. AMERICAN HOME PRODUCTS

No. 91-3227.

962 F.2d 728 (1992)

K-S PHARMACIES, INC., et al., Plaintiffs-Appellees, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 1992.

Attorney(s) appearing for the Case

Jane A. Naughton, David A. Melnick (argued), Milwaukee, Wis., for plaintiffs-appellees.

Scott W. Hansen, Brian D. Trexell, Reinhart, Boerner, Vandeuren, Norris & Rieselbach, Milwaukee, Wis., William J. Ruane (argued), American Home Products Corp., New York City, for defendant-appellant.

Andrew J. Pincus, Kenneth J. Jurek, Alan E. Untereiner (argued), Mayer, Brown & Platt, Bruce J. Brennan, Loretta E. Chi, Pharmaceutical Manufacturers Ass'n., Washington, D.C., for amicus curiae.

Before FLAUM, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Since 1976 Wisconsin has forbidden price discrimination in wholesale transactions in prescription drugs. Wis.Stat. § 100.31(2) provides:

Every seller shall offer drugs from the list of therapeutically equivalent drugs published by the federal food and drug administration to every purchaser in this state, with all rights and privileges offered or accorded by the seller to the most favored purchaser, including purchase prices...

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