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IN RE PHARMACY BEN. MANAGERS ANTITRUST LITIGATION

No. 12-1430.

700 F.3d 109 (2012)

In re PHARMACY BENEFIT MANAGERS ANTITRUST LITIGATION, (MDL 1782). Bellevue Drug Co; Robert Schreiber Inc, d/b/a Burns Pharmacy; Rehn-Huerbinger Drug Co., d/b/a Parkway Drugs # 4, on behalf of themselves and all others similarly situated; Pharmacy Freedom Fund; National Community Pharmacists Association v. CaremarksPCS, f/k/a AdvancePCS, (D.C. Civil No. 03-cv-04731). Bellevue Drug Co., Robert Schreiber, Inc., d/b/a Burns Pharmacy; Rehn-Huerbinger Drug Co., d/b/a Parkway Drugs # 4, on behalf of themselves and all others similarly situated, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: November 15, 2012.

Attorney(s) appearing for the Case

H. Laddie Montague, Jr., Esq. (Argued), David A. Langer, Esq. , Martin I. Twersky, Esq. , Berger & Montague, Philadelphia, PA, for Appellants.

Michael D. Leffel, Esq. (Argued), Foley & Lardner, Madison, WI, Robert H. Griffith, Esq. , Foley & Lardner, Chicago, IL, for Appellee.

Before: SCIRICA, ROTH and BARRY, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

Plaintiffs Bellevue Drug Co., Robert Schreiber, Inc., and Rehn-Huerbinger Drug Co. (collectively "Plaintiffs") appeal the District Court's order granting Defendant AdvancePCS's motion to compel arbitration. Plaintiffs argue that the District Court erred in ordering them to arbitrate their antitrust claims because: (1) AdvancePCS waived its right to arbitrate by actively litigating the case in federal court for more...

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