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WISCONSIN v. AMGEN, INC.

No. 07-1999.

516 F.3d 530 (2008)

State of WISCONSIN, Plaintiff-Appellee, v. AMGEN, INC., et al., Defendants, and Dey, Inc., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 2008.

Attorney(s) appearing for the Case

Betty Eberle (argued), Miner, Barnhill & Galland, Madison, WI, Robert S. Libman, Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Plaintiff-Appellee.

Dawn M. Beery, Kelley, Drye & Warren, Chicago, IL, Neil Merkl (argued), Kelley, Drye & Warren, New York, NY, for Defendant-Appellant.

Before BAUER, POSNER, and EVANS, Circuit Judges.

POSNER, Circuit Judge.

The State of Wisconsin filed a suit in a Wisconsin state court, against Dey and others, charging fraudulent pricing of pharmaceutical drugs in violation of Wisconsin state law. (Dey, a subsidiary of Merck, is a manufacturer of such drugs.) Many similar suits have been filed in other state courts. See In re Pharmaceutical Industry Average Wholesale Price, 509 F.Supp.2d 82 (D.Mass.2007). Three times...

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