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EXPRESS SCRIPTS, INC. v. WENZEL

No. 98-4285-CV-C-5-ECF.

102 F.Supp.2d 1135 (2000)

EXPRESS SCRIPTS, INC., et al., Plaintiffs, v. Keith WENZEL, Defendant.

United States District Court, W.D. Missouri, Central Division.

June 12, 2000.

Attorney(s) appearing for the Case

David M. Harris, Dawn M. Johnson, Greensfelder, Hemker & Gale, P.C., St. Louis, MO, for Express Scripts, Inc., Associated Industries of Missouri, Missouri Chamber of Commerce, St. Louis Area Business Health Coalition, plaintiffs.

Charles W. Hatfield, Eric Michael Walter, Ronald Molteni, Missouri Attorney General's Office, Jefferson City, MO, for Keith Wenzel, defendant.

MEMORANDUM AND ORDER

LAUGHREY, District Judge.

This case involves whether a Missouri statute and its accompanying regulations are preempted by the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq. The challenged state law essentially forbids health maintenance organizations ("HMOs") from requiring their enrollees to have their prescriptions filled by mail service pharmacies...

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