ST. LOUIS -– Only after a federal judge called its lawsuit "laughable" and "reprehensible" did a West Virginia firm attempt to switch the case to a different court, a group of drug stores is claiming.

Those drug stores made that argument Feb. 3 in their appeal of a remand order signed by the same judge who had harsh words for Charleston's Bailey & Glasser when he dismissed the lawsuit. The drug stores are alleged to have not passed on savings on generic prescription drugs to consumers.

U.S. District Judge James Rosenbaum took issue with what he felt was a lack of evidence presented by the plaintiffs attorneys when he dismissed the lawsuit in November 2009. He was annoyed that the complaint, filed against 13 defendants, contained specific pricing information about only two of them.

"(T)his Complaint utterly fails to state a cause of action on any basis. There are no, none, factual allegations touching any defendant other than CVS and Walgreen's," Rosenbaum said Nov. 20.

"There being no facts from which a fact finder could infer any liability concerning (the other defendants), and you asked me to sustain a complaint based upon that. It's not only laughable, it's absolutely reprehensible."

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