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HEATH CARE SERVICE CORP. v. TAP PHARMACETICAL PRODUCTS, INC.

Civil Action No. 1:03-CV-166.

274 F.Supp.2d 807 (2003)

HEALTH CARE SERVICE CORPORATION, Plaintiff, v. TAP PHARMACEUTICAL PRODUCTS, INC., Abbott Laboratories, and Takeda Chemical Industries, Ltd., Defendants.

United States District Court, E.D. Texas, Beaumont Division.

August 1, 2003.

Attorney(s) appearing for the Case

J. Hoke Peacock, III and Michael A. Lee of Susman Godfrey, LLP, Houston, TX, for Plaintiffs.

Lawrence Louis Germer and Kelli Burns Smith of Germer, Bernsen & Gertz, Beaumont, TX, for Defendants TAP Pharmaceutical Products, Inc.

Walter Joshua Crawford, Jr. of Crawford & Olesen, LLP, Beaumont, TX, for Abbott Laboratories.

Gene M. Williams of Mehaffy & Weber, Beaumont, TX, for Takeda Chemical Industries, Ltd.

MEMORANDUM OPINION AND ORDER

RON CLARK, District Judge.

HCSC, an administrator of employer sponsored benefits plans, has moved to remand a suit in which it claimed defendant drug companies engaged in a pattern of overcharging for, and encouraging the over-prescription of, Lupron, a prostate drug [Doc. # 6]. This court must reject HCSC's claim that even though it is a plan administrator, it is not an ERISA fiduciary. If HCSC's allegations are correct...

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