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LYNCH v. NATIONAL PRESCRIPTION ADM'RS, INC.

No. 14-2078.

787 F.3d 868 (2015)

Patrick J. LYNCH, as trustee of the Health and Welfare Fund and the Retiree Health & Welfare Fund of the Patrolmen's Benevolent Association of the City of New York and on behalf of all other similarly situated Plans, Plaintiff-Appellant v. NATIONAL PRESCRIPTION ADMINISTRATORS, INC.; Express Scripts, Inc.; John Does, 1-25, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 27, 2015.

Attorney(s) appearing for the Case

William H. Narwold , argued and on the brief, Hartford, CT, for Plaintiff-Appellant.

Mark G. Arnold , argued, Thomas McKee Dee , Melissa Zigler Baris , Christopher A. Smith , on the brief, Saint Louis, MO, for Defendants-Appellees.

Before SMITH, BENTON, and SHEPHERD, Circuit Judges.

In 2002, Express Scripts, Inc. (ESI) acquired National Prescription Administrators, Inc. (NPA). In 2003, two health Funds of a police union brought a class action against ESI and NPA. In 2004, the New York Attorney General (AG) sued ESI, resulting in a consent judgment. Based on that consent judgment, ESI moved for summary...

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