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UNITED FOOD AND COMMERCIAL WORKERS v. WALGREEN CO.

No. 12-2977.

719 F.3d 849 (2013)

UNITED FOOD AND COMMERCIAL WORKERS UNIONS AND EMPLOYERS MIDWEST HEALTH BENEFITS FUND, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. WALGREEN CO., Par Pharmaceutical Cos., Inc., and Par Pharmaceutical, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 8, 2013.

Attorney(s) appearing for the Case

Patrick E. Cafferty (argued), Attorney, Cafferty Clobes Meriwether & Sprengel LLP, Kenneth A. Wexler, Esq. , Attorney, Wexler Wallace LLP, Chicago, IL, for Plaintiffs-Appellants.

Robert M. Andalman (argued), Attorney, Loeb & Loeb LLP, Richard J. Prendergast , Attorney, Chicago, IL, for Defendants-Appellees.

Before MANION and WOOD, Circuit Judges, and BARKER, District Judge.

WOOD, Circuit Judge.

The United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund (the Fund), an employee benefit plan that provides healthcare benefits to its participants, is convinced that the Walgreen Company (Walgreens) fraudulently overcharged it and other insurance providers by filling prescriptions for several generic drugs with a dosage form that differed from, and was more expensive than, the dosage form prescribed to the customer...

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