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PHARMACEUTICAL RESEARCH AND MFRS. v. NICHOLAS

No. 00-157-B-H, No. 04-161-S.

353 F.Supp.2d 231 (2005)

PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA, Plaintiff, v. John R. NICHOLAS, in his official capacity as Commissioner of the Department of Human Services for the State of Maine, and G. Steven Rowe, in his official capacity as Attorney General for the State of Maine, Defendants.

United States District Court, D. Rhode Island.

January 27, 2005.

Attorney(s) appearing for the Case

Bruce C. Gerrity, Esq., Ann R. Robinson, Esq., Preti, Flaherty, Beliveau, Pachios & Haley, LLC, Augusta, ME, Kathleen M. Sullivan, Esq., Stanford Law School, Stanford, CA, Michael D. Warden, Esq., Daniel M. Price, Esq., Marinn F. Carlson, Esq., Sidley, Austin, Brown & Wood LLP, Washington, DC, for Plaintiff.

Paul Stern, Esq., Office of the Attorney General, Augusta, ME, for Defendants.

Arn H. Pearson, Esq., Thomas Bradley, Esq., Maine Citizen Leadership Fund, Portland, ME, for Maine Council of Senior Citizens, Interested Party.

DECISION AND ORDER

SMITH, District Judge.*

I. Introduction

This case involves an effort by the State of Maine to leverage its market power as a major purchaser of pharmaceuticals (in its role as administrator of the Medicaid program in Maine), to force the suppliers of these drugs to lower their prices for non-Medicaid eligible (but nevertheless quite poor) citizens of Maine.

This case has a considerable...

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