State of WEST VIRGINIA ex rel. Darrell V. McGRAW, Jr., Attorney General, Plaintiff-Appellee,
v.
CVS PHARMACY, INCORPORATED, a Rhode Island Corporation; Kmart Holding Corporation, a Delaware Corporation; The Kroger Company, an Ohio Corporation; Wal-Mart Stores, Incorporated, a Delaware Corporation; Walgreen Company, an Illinois Corporation; Target Stores Incorporated, a Minnesota Corporation, Defendants-Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge DAVIS joined. Senior Judge GILMAN wrote a dissenting opinion.
United States Court of Appeals, Fourth Circuit.
OPINION
NIEMEYER, Circuit Judge:
The State of West Virginia, by its Attorney General, commenced this action in state court against CVS Pharmacy, Inc., and five other pharmacies (collectively, the "Pharmacies"), alleging that the Pharmacies sold generic drugs to West Virginia consumers without passing along to the consumers the cost savings of generic drugs over brand name equivalents, in violation of West Virginia...
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