CHEMENCE MEDICAL PRODS. v. MEDLINE INDUSTRIES

Civil Action File No. 1:13-CV-500-TWT.

989 F.Supp.2d 1349 (2013)

CHEMENCE MEDICAL PRODUCTS, INC., Plaintiff, v. MEDLINE INDUSTRIES, INC., Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

Filed December 5, 2013.


Attorney(s) appearing for the Case

Robert D. Wilson , Wilson & Wilson, Co., LPA, Chagrin Falls, OH, for Plaintiff.

Henry D. Fellows, Jr. , Kevin P. Weimer , Fellows La Briola, LLP, Atlanta, GA, for Defendant.


OPINION AND ORDER

THOMAS W. THRASH, Jr., District Judge.

The Plaintiff, a manufacturer of medical adhesives, entered into a long-term contract to sell the adhesives to the Defendant, a distributor of medical supplies. After the contract went into effect, the Patient Protection and Affordable Care Act imposed a 2.3 percent tax on all medical devices. The Plaintiff initially passed this cost on to the Defendant. The Defendant, however, refused to pay...

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