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K. HEFNER, INC. v. CAREMARK, INC.

No. 21906.

918 P.2d 595 (1996)

128 Idaho 726

K. HEFNER, INC. d/b/a Kurt's Pharmacy, an Idaho Corporation; Darrell Henrichs d/b/a Park-Vu Pharmacy and Pharmacy Shop, Incorporated, an Idaho Corporation, Plaintiffs-Appellants Cross-Respondents, v. CAREMARK, INC., a California Corporation; John Doe Pharmacies A Through Z, Defendants-Respondents, and Blue Cross of Idaho Health Services, Inc., Defendant-Respondent Cross-Appellant.

Supreme Court of Idaho, Boise, March 1996 Term.

June 19, 1996.

Attorney(s) appearing for the Case

Ellsworth, May, Sudweeks, Stubbs, Ipsen & Perry, Twin Falls, for appellants. Thomas D. Kershaw, Jr. argued.

Elam & Burke, Boise, for respondent Caremark. Lee B. Abrams, Chicago, Illinois, argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondent Blue Cross. Patricia M. Olsson argued.

TROUT, Justice.

Respondent Blue Cross of Idaho (BCI) is a large provider of health insurance. This case involves a challenge, under the Idaho Antitrust Law and the Idaho Unfair Sales Act, to a prescription drug reimbursement plan offered by BCI to participating pharmacies. This plan is administered by respondent Caremark pursuant to contract.

I.

BACKGROUND

The plaintiffs (referred to collectively as Hefner) are owners and operators of independent...

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