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Walgreens REUTERS Rick Wilking

Walgreen, Express Scripts drop claims against each other

6/1/2012 COMMENTS (0)

June 1 (Reuters) - Walgreen Co said on Friday that it and drug benefits manager Express Scripts Holding Co had dropped claims against each other stemming from a September 2011 lawsuit, but said the dismissals did not mean they were any closer to reaching a new deal.

Walgreen, the largest U.S. drugstore chain, stopped filling prescriptions in January for members of Express Scripts, which manages prescription drug benefits for employers and other clients, after the two companies failed to agree on terms to renew their contract.

In September, Express Scripts filed an injunction in federal court in Illinois alleging Walgreen published false marketing materials designed to encourage Medicare recipients to leave health plans that are Express Scripts clients.

Walgreen at the time countered that it was important to inform people about the impact should Walgreen leave the Express Scripts network.

Walgreen said in a statement on Friday that the dismissal of the claims has "no impact on the parties' ability or inability to come to terms" on a new deal.

The case is Express Scripts Inc. v. Walgreen Co, U.S. District Court for the Northern District of Illinois, Eastern Division, Case No.: 1:11-cv-06223.

For Express Scripts: James Monafo, Christopher Smith, James White and John Carnahan for Husch Blackwell.

For Walgreen:Peter Bensinger, Asha Spencer, Ashley Keller and Hamilton Hill for Bartlit Beck Herman Palenchar & Scott.

(Reporting by Phil Wahba)

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