RICHMOND, Va. -- Six prescription drug retailers made their case to a federal appellate court Tuesday that West Virginia Attorney General Darrell McGraw has filed a class action lawsuit against them.
Those drug stores -- which include CVS, Wal-Mart and Target -- disagree with McGraw, who says he is representing the interests of the state in his parens patriae capacity. They claim he is representing consumers affected by their alleged pricing policies in a class action, and as such the lawsuit should be heard in federal court.
McGraw wants the case remanded to Boone Circuit Court. He says the drug stores have not passed savings on generic drugs on to consumer and has called some of the stores' arguments "weak" and "absurd."
McGraw recently notified the U.S. Court of Appeals for the Fourth Circuit of two decisions from other jurisdictions this year that prove his case. A district judge in Charleston, W.Va., already has ruled for McGraw.
McGraw says arguments made by the defendants have been shot down in a California federal court decision entered on Feb. 15 and in a Connecticut federal court's decision entered on Jan. 5.
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