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PREFERRED RX, INC. v. AMERICAN PRESCRIPTION PLAN

Nos. 93-3769, 93-3835.

46 F.3d 535 (1995)

PREFERRED RX, INC., Plaintiff-Appellee, Cross-Appellant, v. AMERICAN PRESCRIPTION PLAN, INC.; Ray Adiel; Medivix, Inc.; and American Preferred Prescription, Inc., Defendants-Appellants, Cross-Appellees, Ronald English, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided February 7, 1995.

Attorney(s) appearing for the Case

Nick Tomino (argued and briefed), Reminger & Reminger, Cleveland, OH, for Preferred RX, Inc.

Marvin L. Karp (argued and briefed), Ulmer & Berne, Cleveland, OH, for American Prescription Plan, Inc., American Preferred Prescription, Inc., Ray Adiel, Medivix, Inc., Ronald English.

Before: MILBURN and SUHRHEINRICH, Circuit Judges; and JOINER, District Judge.

JOINER, District Judge.

Defendants American Prescription Plan, Inc. ("APP"); American Preferred Prescription, Inc. ("American Preferred"); Medivix, Inc.; and Ray Adiel appeal the judgment entered in favor of plaintiff Preferred RX, Inc., on its breach of contract and fraud claims. Preferred RX claimed that APP breached its agreement to deal exclusively with Preferred RX, and that all of the defendants made fraudulent representations regarding how their business relationship...

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