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PHARMACEUTICAL CARE MANAGEMENT ASS'N v. MAINE ATTY. GEN.

No. CIV.03-153-B-H.

324 F.Supp.2d 74 (2004)

PHARMACEUTICAL CARE MANAGEMENT ASSOCIATION, Plaintiff v. MAINE ATTORNEY GENERAL, Defendant

United States District Court, D. Maine.

July 7, 2004.

Attorney(s) appearing for the Case

John J. Aromando, Esq., Catherine R. Connors, Esq., Pierce Atwood, Portland, ME, Paul J. Ondrasik, Jr., Esq., Martin D. Schneiderman, Esq., Steptoe & Johnson, Washington, DC, for Pharmaceutical Care Management Association, plaintiff.

Ronald W. Lupton, Esq., Andrew L. Black, Esq., Assistant Attorney Generals, Augusta, ME, John R. Brautigam, Esq., Falmouth, ME, for Main Attorney General, defendant.

ORDER ON DEFENDANT'S MOTION TO AMEND THE ORDER OF PRELIMINARY INJUNCTION

HORNBY, District Judge.

On March 9, 2004, Judge Woodcock granted the plaintiff's motion for a preliminary injunction against enforcement of Maine's Unfair Prescription Drug Practices Act ("UPDPA"), 22 M.R.S.A. § 2699 (2004). He found that the plaintiff was likely to succeed on a claim that one statutory provision amounted to an unconstitutional taking and that ERISA generally preempted...

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