Amerisourcebergen Corp. v. Dialysist West, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

AMERISOURCEBERGEN CORPORATION, 

a New Jersey corporation, dba Bergen Brunswig Corporation, aka

BBC; AMERISOURCEBERGEN DRUG

CORPORATION; MEDICAL INITIATIVES,

INC., aka Oncology Supply; ASD No. 04-15595

SPECIALTY HEALTHCARE, INC.,

Plaintiffs-Appellants, D.C. No.

CV-02-01472-JWS

v. DIALYSIST WEST, INC., an Arizona  District of Arizona, Phoenix corporation, ORDER Defendant-Appellee, AMENDING v. OPINION AMERX INC., a Florida corporation; CSG DISTRIBUTORS, a Tennessee company; PREMIER MEDICAL

DISTRIBUTORS, INC.,

Third-party-Defendants.  Filed April 24, 2006

Before: Jerome Farris, A. Wallace Tashima, and Consuelo M. Callahan, Circuit Judges.

ORDER

The opinion filed on March 22, 2006 is amended as fol- lows: on slip opinion page 3046, lines 10-16, the following sentences are deleted: “AmerisourceBergen contends, how- ever that the contracts for sale of Epogen and other drugs

4563 4564 AMERISOURCEBERGEN v. DIALYSIST WEST were not separate contracts. Because the Vendor Agreement…