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PHARMACEUTICAL CARE MANAGEMENT ASS'N v. TUFTE

No. 18-2926.

968 F.3d 901 (2020)

PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION, Plaintiff-Appellant v. Mylynn TUFTE, in her official capacity as the State Health Officer of North Dakota; Mark J. Hardy, in his official capacity as the Executive Director of the North Dakota Board of Pharmacy; Steven P. Irsfeld, in his official capacity as President of the North Dakota Board of Pharmacy; Wayne Stenehjem, in his official capacity as the Attorney General of North Dakota, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2020.

Attorney(s) appearing for the Case

Sarah Hogarth , Michael B. Kimberly , MCDERMOTT & WILL, The McDermott Building, Washington, DC, Alexander J. Kritikos , MCDERMOTT & WILL, Chicago, IL, Robert B. Stock , Mart Daniel Vogel , VOGEL LAW FIRM, Fargo, ND, for Plaintiff-Appellant.

Matthew A. Sagsveen , Assistant Attorney General, ATTORNEY GENERAL'S OFFICE, Bismarck, ND, Robert Thomas Smith , KATTEN & MUCHIN, Washington, DC, for Defendants-Appellees Mylynn Tufte and Wayne Stenehjem.

Howard Robert Rubin , Robert Thomas Smith , KATTEN & MUCHIN, Washington, DC, for Defendants-Appellees Mark J. Hardy and Steven P. Irsfeld.

Before SMITH, Chief Judge, GRUENDER and BENTON, Circuit Judges.

This case concerns Pharmaceutical Care Management Association's ("PCMA") claim that the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., and the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ("Medicare Part D"), 42 U.S.C. § 1395w-101 et seq...

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