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W. MORRIS PEDIATRICS v. HENRY SCHEIN

897 A.2d 1140 (2004)

385 N.J. Super. 581

WEST MORRIS PEDIATRICS, P.A., and Avenel-Iselin Medical Group, P.A., individually and on behalf of all others similarly situated, Plaintiffs, v. HENRY SCHEIN, INC., doing business as Caligor, Defendant.

Superior Court of New Jersey, Law Division, Morris County.

Decided September 3, 2004.

Attorney(s) appearing for the Case

Erie D. Katz and David Mazie, Roseland, for plaintiff. (Nagel, Rice & Mazie, L.L.P., attorneys; Mr. Katz and Randee Matloff, on the brief.)

Steven P. Benenson and Linda Pissott Reig, Morristown, for defendant. (Porzio, Bromberg & Newman, P.C., attorneys.)

Leon P. Gold and Karen E. Clarke, New York City, for defendant. (Proskauer Rose, L.L.P., attorneys.)

DUMONT, J.S.C.

Introduction

This matter is a putative class action filed by two New Jersey medical practices individually and on behalf of a nationwide class of physicians, hospitals and other healthcare providers arising out of the purchase price of flu vaccine for the 2001-2002 flu season.1 The plaintiffs, West Morris Pediatrics ("West Morris") and Avenel-Iselin Medical Group ("Avenel-Iselin"), allege they orally contracted...

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