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PRIME THERAPEUTICS LLC v. OMNICARE, INC.

Civ. No. 08-375 (RHK/JSM).

555 F.Supp.2d 993 (2008)

PRIME THERAPEUTICS LLC, Plaintiff, v. OMNICARE, INC., Defendant.

United States District Court, D. Minnesota.

May 21, 2008.

Attorney(s) appearing for the Case

Bret A. Puis, Meghan M. Anzelc, Oppenheimer Wolff & Donnelly LLP, Minneapolis, MN, for Plaintiff.

Brian S. McGrath, Harvey Kurzweil, Urvashi Sen, Dewey & LeBoeuf LLP, New York, NY, Matthew M. Walsh, Dewey & LeBoeuf LLP, Los Angeles, CA, Michael R. Gray, Daniel R. Shulman, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, MN, for Defendant.

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, District Judge.

INTRODUCTION

Prime Therapeutics LLC ("Prime") seeks to vacate an arbitration award and Omnicare, Inc. ("Omnicare") seeks to confirm it. The arbitration involved a contract dispute over the reimbursement of copayments on prescription drugs that were dispensed under the federally funded Medicare Part D program. The arbitrator held that Prime breached the agreement when it failed to reimburse...

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