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EXPRESS SCRIPTS v. STATE, DEPT. OF REVENUE

No. 50348-4-II.

437 P.3d 747 (2019)

EXPRESS SCRIPTS, INC., Appellant, v. STATE of Washington, DEPARTMENT OF REVENUE, Respondent.

Court of Appeals of Washington, Division 2.

Filed March 26, 2019.

Attorney(s) appearing for the Case

George Carl Mastrodonato, Michael Barr King, Carney Badley Spellman, P.S., 701 5th Ave. Ste. 3600, Seattle, WA, 98104-7010, for Appellant.

Charles E. Zalesky, Attorney General of Washington, Rosann Fitzpatrick, Washington Attorney General, Po Box 40123, Olympia, WA, 98504-0123, for Respondent.

Brett S. Durbin, Lane Powell PC, 1420 5th Ave. Ste. 4200, Seattle, WA, 98101-2375, Chauncey Alan Maclean, Stoel Rives LLP, 600 University St. Ste. 3600, Seattle, WA, 98101-4109, Amicus Curiae on behalf of Optumrx, Inc.

PUBLISHED OPINION

¶1 Express Scripts Inc. (ESI), a pharmacy benefit management company (PBM), appeals the superior court's order granting summary judgment in favor of the Department of Revenue. ESI argues that it should not be subject to Washington's business and occupation (B&O) tax1 for...

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