FILED
FOR PUBLICATION OCT 31 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JERRY BEEMAN AND PHARMACY No. 07-56692
SERVICES, INC., doing business as
Beemans Pharmacy; ANTHONY D.C. No. CV-04-00407-VAP
HUTCHINSON AND ROCIDA INC.,
doing business as Finleys Rexall Drug;
CHARLES MILLER, doing business as ORDER
Yucaipai Valley Pharmacy; JIM
MORISOLI AND AMERICAN
SURGICAL PHARMACY INC., doing
business as American Surgical
Pharmacy; BILL PEARSON AND
PEARSON AND HOUSE, on behalf of
themselves and all others similarly
situated and on behalf of the general
public; doing business as Pearson
Medical Group Pharmacy,
Plaintiffs - Appellees,
v.
ANTHEM PRESCRIPTION
MANAGEMENT, LLC; ARGUS
HEALTH SYSTEMS, INC.;
BENESCRIPT SERVICES, INC.; FFI
RX MANAGED CARE; FIRST
HEALTH SERVICES
CORPORATION; MANAGED
PHARMACY BENEFITS, INC.,
formerly known as Cardinal Health
MPB Inc.; NATIONAL MEDICAL
HEALTH CARD SYSTEMS, INC.;
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PHARMACARE MANAGEMENT
SERVICES, INC.; PRIME
THERAPEUTICS; RESTAT
CORPORATION; RX SOLUTIONS,
INC.; TMESYS, INC.; WHP HEALTH
INITIATIVES, INC.; MEDE
AMERICA CORP.,
Defendants - Appellants.
JERRY BEEMAN AND PHARMACY No. 07-56693
SERVICES, INC., doing business as
Beemans Pharmacy; ANTHONY D.C. No. CV-02-01327-VAP
HUTCHINSON AND ROCIDA INC,
doing business as Finleys Rexall Drug;
CHARLES MILLER, doing business as
Yucaipai Valley Pharmacy; JIM
MORISOLI AND AMERICAN
SURGICAL PHARMACY INC., doing
business as American Surgical
Pharmacy; BILL PEARSON AND
PEARSON AND HOUSE, on behalf of
themselves and all others similarly
situated and on behalf of the general
public; doing business as Pearson
Medical Group Pharmacy,
Plaintiffs - Appellees,
v.
TDI MANAGED CARE SERVICES,
INC., doing business as ECKERD
HEALTH SERVICES; MEDCO
HEALTH SOLUTIONS, INC.;
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EXPRESS SCRIPTS, INC.; ADVANCE
PCS, Advance PCS Health, L.P.; RX
SOLUTIONS, INC.,
Defendants - Appellants.
KOZINSKI, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that
this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel
opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
Within seven days from the date of this order, the parties shall forward to the
Clerk of Court twenty-five additional paper copies of the original briefs and
excerpts of record.