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Argued: May 1, 2001

Appeal from an order of the United States District Court for the District of Connecticut (Stefan R. Underhill, Judge) granting the defendant’s motion to dismiss the plaintiff’s complaint for lack of standing. The State of Connecticut filed this action pursuant to Section 502(a)(3) of the Employment Retirement Income Security Act of 1974 seeking an order enjoining the defendant, Physicians Health Services of Connecticut, Inc., from using a drug “formulary” that allegedly prevents plan participants from receiving drugs prescribed for them by their physicians. We hold that the State lacks standing to assert this claim either under the doctrine of parens patriae or as assignee of certain rights of eight plan participants.

Affirmed.

 
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