Wal-Mart, CVS Win Bid To Toss Drug Overcharge Suit

By Erin Fuchs

Law360, New York (November 25, 2009, 1:27 PM ET) -- A federal judge has dismissed without prejudice a putative class action brought by employee health funds accusing Walgreen Co., CVS Pharmacy Inc., Wal-Mart Stores Inc. and others of overcharging customers for generic drugs.

U.S. District Judge James M. Rosenbaum of the District of Minnesota dismissed the complaint Tuesday, giving the plaintiffs a chance to replead their case to state a claim under the Federal Rules of Civil Procedure.

The judge issued a one-page order dismissing the suit, saying his decision was based on reasons he stated...
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