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MEDICINE SHOPPE INTERN. v. S.B.S. PILL DR., INC.

No. 02-3856.

336 F.3d 801 (2003)

MEDICINE SHOPPE INTERNATIONAL, INC., Appellee, v. S.B.S. PILL DR., INC.; Savannah B. Swartout, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2003.

Attorney(s) appearing for the Case

Thomas W. Pleasant, argued, Fayetteville, NC, for appellant.

Stephen J. O'Brien, argued, St. Louis, MO (Mark L. Brown, on the brief), for appellee.

Before WOLLMAN, MAGILL, and BEAM, Circuit Judges.

WOLLMAN, Circuit Judge.

On July 29, 2002, Medicine Shoppe International, Inc. (Medicine Shoppe) sued S.B.S. Pill Dr. (Pill Dr.) and Savannah B. Swartout to enforce the terms of a contract between Medicine Shoppe and non-party Cape Fear Apothecaries, Inc. (Cape Fear). Medicine Shoppe alleged that Pill Dr., as the corporate successor or alter ego of Cape Fear, was obligated to identify and operate its pharmacy as a Medicine Shoppe Pharmacy. Pill Dr. and Swartout appeal...

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