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ACADEMY OF ALLERGY & ASTHMA v. QUEST DIAGNOSTICS

No. 20-50179.

998 F.3d 190 (2021)

ACADEMY OF ALLERGY & ASTHMA IN PRIMARY CARE; United Biologics, L.L.C., Doing Business as United Allergy Services, Plaintiffs-Appellants, v. QUEST DIAGNOSTICS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed May 18, 2021.

Attorney(s) appearing for the Case

Ronald Casey Low , Benjamin L. Bernell, Esq , Dillon James Ferguson , Pillsbury Winthrop Shaw Pittman, L.L.P., Austin, TX, for Plaintiffs-Appellants.

Mark H. Hamer , Baker & McKenzie, L.L.P., Washington, DC, Nicholas O'Brian Kennedy , Baker & McKenzie, L.L.P., Dallas, TX, Defendant-Appellee.

Before Stewart, Higginson, and Wilson, Circuit Judges.

Plaintiffs-Appellants Academy of Allergy & Asthma in Primary Care ("AAAPC") and United Allergy Services ("UAS") sued Quest Diagnostics ("Quest") for conspiring to force them out of the market of providing allergy and asthma testing. The district court dismissed Plaintiffs' claims under Rule 12(b)(6). We AFFIRM...

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