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PHARMACEUTICAL CARE MANAGEMENT v. RUTLEDGE

Nos. 17-1609, 17-1629.

891 F.3d 1109 (2018)

PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION, Plaintiff-Appellant v. Leslie RUTLEDGE, in her official capacity as Attorney General of Arkansas, Defendant-Appellee. Arkansas Pharmacists Association; National Community Pharmacists Association Amici on Behalf of Appellee(s). Pharmaceutical Care Management Association, Plaintiff-Appellee v. Leslie Rutledge, in her official capacity as Attorney General of Arkansas, Defendant-Appellant. National Community Pharmacists Association; Arkansas Pharmacists Association, Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: June 8, 2018.

Attorney(s) appearing for the Case

Kristyn Marie DeFilipp , Andrew M. London , Dean Richlin, Foley & Hoag, Boston, MA, Lyn Peoples Pruitt , Mitchell & Williams, Little Rock, AR, for Plaintiff-Appellant.

Shawn J. Johnson , Sarah R. Tacker , Attorney General's Office, Little Rock, AR, for Defendant-Appellee.

Daniel Lipton , Howard R. Rubin , Robert Thomas Smith , Katten & Muchin, Washington, DC, for Amicus on Behalf of Appellee(s).

Before LOKEN, BEAM, and KELLY, Circuit Judges.

In this dispute between a pharmacy trade association, Pharmaceutical Care Management Association (PCMA) and the State of Arkansas, PCMA appeals the district court's ruling that an Arkansas state statute is not preempted by Medicare Part D, 42 U.S.C. § 1395w-26(b)(3), and the State...

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