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TEX. PHARMACY v. PRUDENTIAL INS. CO. OF AMERICA

No. A 94 CA 391 SS.

907 F.Supp. 1019 (1995)

TEXAS PHARMACY ASSOCIATION, et al., v. PRUDENTIAL INSURANCE COMPANY OF AMERICA.

United States District Court, W.D. Texas, Austin Division.

October 24, 1995.

Attorney(s) appearing for the Case

C. Dean Davis, Mark A. Keene, Davis & Davis, P.C., Austin, TX, for Texas Pharmacy Ass'n, Ron's Apothecary, Inc., Lamar Drug, Inc., Prescriptions, Inc., Tri Cities' Pharmacy, Inc., Abeldt's West Loop Pharmacy, City Pharmacy, Hamlin Pharmacy, Anderson Drug, Twelve Oaks Pharmacy, South Houston Pharmacy, Davila Pharmacy, Medical Center Pharmacy, Eilers Discount Pharmacy, Professional Pharmacy, Hart Pharmacy, Hays Hometown Pharmacy, Ward's Pharmacy, Good's Pharmacy, Klein's Discount Pharmacy, Avondale Pharmacy, Home Care Associates, Inc., Winn's Pharmacy, Tomball Atrium Pharmacy, Rosebud Pharmacy, Maxwell Pharmacy, Save-Mor # 1 Pharmacy, McCrory's Pharmacy, Axtell's Rite Value Pharmacy, Nichols Southside Pharmacy, Nichols Westwood Pharmacy, Pfennig Prescription Pharmacy, Bel-Aire Drugs, S & L Drug Mart, Prescription Lab of Spring Branch, Vista Pharmacy.

Tracy Walters McCormack, Akin, Gump, Strauss, Hauer & Feld L.L.P., Austin, TX, Katherine S. Youngblood, Youngblood & White, Houston, TX, for Prudential Ins. Co. of America.

MEMORANDUM ORDER

SPARKS, District Judge.

Before the Court is Plaintiffs' request for a declaration of the meaning of the Texas Insurance Code art. 21.52B and that the conduct of Prudential Insurance Company of America (Prudential) is in violation of article 21.52B. Plaintiffs are the Texas Pharmacy Association and numerous individual pharmacies and pharmacists who claim to have been adversely affected by Prudential's failure to abide by the terms...

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