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DRUG EMPORIUM, INC. v. BLUE CROSS OF WESTERN NEW YORK, INC.

No. 99-CV-579C.

104 F.Supp.2d 184 (2000)

DRUG EMPORIUM, INC., Plaintiff, v. BLUE CROSS OF WESTERN NEW YORK, INC., Rite Aid Corporation; and Tops Markets, Inc., Defendants.

United States District Court, W.D. New York.

June 28, 2000.

Attorney(s) appearing for the Case

Akin, Gump, Strauss, Hauer & Feld, LLP, New York, NY (David M. Zensky, Charles E. Biggio, of Counsel), Brown & Kelly, LLP, Buffalo, NY (Rodney O. Personius, of Counsel), for Plaintiff.

Phillips, Lytle, Hitchcock, Blaine & Huber LLP, Buffalo, NY (Jeremiah J. McCarthy, Gary F. Kotaska, of Counsel), for Defendant Blue Cross of Western New York, Inc.

Schnader, Harrison, Segal & Lewis, Philadelphia, PA (Steve D. Shadowen, Barry L. Refsin, of Counsel), Hagerty & Brady, Buffalo, NY (Michael A. Brady, of Counsel), for Defendant Rite Aid Corporation.

Hodgson, Russ, Andrews, Woods & Goodyear LLP, Buffalo, NY (Daniel C. Oliverio, Kevin M. Kearney, of Counsel), for Defendant Tops Markets, Inc.

INTRODUCTION

CURTIN, District Judge.

This case arises from an agreement between defendant Healthnow New York, Inc., d/b/a Blue Cross of Western New York ("Blue Cross"), and defendants Rite Aid Corporation ("Rite Aid") and Tops Markets Corporation ("Tops") to create an exclusive pharmacy network for Blue Cross insureds. Upon learning that its Vix drugstores ("Vix") were excluded from the network, plaintiff Drug Emporium, Inc. ("Drug Emporium") filed...

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