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LOUISIANA WHOLESALE DRUG CO., INC. v. SHIRE LLC

No. 12 Civ. 3711 (VM).

929 F.Supp.2d 256 (2013)

LOUISIANA WHOLESALE DRUG COMPANY, INC., on behalf of itself and all others similarly situated, Plaintiff, v. SHIRE LLC and Shire U.S., Inc., Defendants.

United States District Court, S.D. New York.

March 6, 2013.

Attorney(s) appearing for the Case

Bruce E. Gerstein, Kimberly Marion Hennings, Garwin Gerstein & Fisher, L.L.P., Brian Dale Brooks, Smith Segura & Raphael, LLP, New York, NY, David C. Raphael, Jr., David P. Smith, Smith Segura & Raphael, LLP, David P. Smith, Percy, Smith & Foote, LLP, Alexandria, LA, John E. Fitzpatrick, III, John Gregory Odom, Stuart Edward Des Roches, Odom & Des Roches, LLP, New Orleans, LA, for Plaintiff.

John F. Collins, Frommer Lawrence & Haug LLP, New York, NY, Michael F. Brockmeyer, Frommer, Lawrence & Haug, L.L.P., Washington, DC, for Defendants.

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiff Louisiana Wholesale Drug Company, Inc. ("LWD"), on behalf of itself and all others similarly situated, brought this action against Shire LLC and Shire U.S., Inc. (collectively, "Shire" or "Defendants"), asserting a violation of 15 U.S.C. § 2. Shire filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil...

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