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EXPRESS SCRIPTS, INC. v. WENZEL

No. 00-2788.

262 F.3d 829 (2001)

EXPRESS SCRIPTS, INC.; Associated Industries of Missouri; Missouri Chamber of Commerce; St. Louis Area Business Health Coalition, Plaintiffs-Appellants, v. Keith WENZEL, Acting Director of the Missouri Department of Insurance, Defendant-Appellee. Secretary of Labor, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2001.

Attorney(s) appearing for the Case

David Michael Harris, St. Louis, MO, argued (Dawn Morville Johnson, on the brief), for appellant.

Ronald Molteni, Jefferson City, MO, argued (Charles W. Hatfield, on the brief), for appellee.

Corey M. Perman, U.S. Dept. of Labor, Washington, D.C., argued, for Amicus.

Before WOLLMAN, Chief Judge, MURPHY, Circuit Judge, and GOLDBERG, Judge.

MURPHY, Circuit Judge.

At issue in this case is whether certain provisions of Missouri law are preempted by the Employee's Retirement Income Security Act of 1974 (ERISA). The provisions regulate some aspects of how Missouri health maintenance organizations (HMOs) provide prescription drugs through network pharmacies. Express Scripts, Inc. (Express), which has a mail order pharmacy, and several business groups brought this action for injunctive and declaratory relief...

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