CRAWFORD PROFESSIONAL DRUGS v. CVS CAREMARK CORP.

No. 12-60922.

748 F.3d 249 (2014)

CRAWFORD PROFESSIONAL DRUGS, INCORPORATED; Service Rexall Drugs; Okolona Drug Company, Incorporated; BSW, Incorporated; Burnham-McKinney Pharmacies, Incorporated; French's Pharmacy, Incorporated; John W. Farris, doing business as Ridgeland Discount Drugs, Incorporated, also known as Bo; Condon's East Union Pharmacy, Incorporated; McGuffee Drugs, Incorporated; Plaza Pharmacy, Incorporated; Southern Discount Drugs Of Charleston, Incorporated; Medical Plaza Pharmacy, Incorporated; Essco/Shooz Too!, Incorporated; Save Rite Pharmacy, Incorporated; Rocky McGarity, doing business as Edwards's Discount Drugs; Magic Mart Pharmacy, Incorporated; W.J. (Bill) Mosby, doing business as Mosby's Drug Store; Macon City Drug Store, Incorporated; Ashland Drugs, Incorporated; Brandon Discount Drugs, Incorporated; Duncan's Pharmacy, Incorporated; Richard Little, doing business as Little's Pharmacy; Tyson Drugs, Incorporated, Plaintiffs-Appellants v. CVS CAREMARK CORPORATION; CVS Pharmacy, Incorporated; Caremark RX, L.L.C.; Caremark, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 4, 2014.


Attorney(s) appearing for the Case

J. Price Coleman (argued), Coleman Law Firm, Oxford, MS, Timothy Joseph Giattina, Esq. , Attorney, Clyde Talbot Turner, Esq. , Turner & Associates, P.A., North Little Rock, AR, for Plaintiffs-Appellants.

Robert Harl Griffith , Foley & Lardner, L.L.P., Chicago, IL, Michael D. Leffel (argued), Foley & Lardner, L.L.P., Madison, WI, Mark Herndon Tyson , McGlinchey Stafford, P.L.L.C., Jackson, MS, for Defendants-Appellees.

Before SMITH, DENNIS, and HIGGINSON, Circuit Judges.


JAMES L. DENNIS, Circuit Judge:

The principal issue in this appeal is whether the district court erred in ordering the plaintiffs to submit their claims to arbitration. The Plaintiffs, entities that operate twenty-three locally owned drug stores in Mississippi, brought suit in Mississippi state court against the Defendants seeking damages and declarative and injunctive relief. The four Defendants, (1) Caremark, L.L.C. ("Caremark"), (2) CVS Caremark Corporation ("CVS...

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