By Diana Novak Jones

CHICAGO (Reuters) -Colorado must face Teva Pharmaceutical Industries’ lawsuit challenging a state law requiring it to provide free generic EpiPens to pharmacies, a federal appeals court said Friday.

A unanimous three-judge panel of the Denver-based 10th U.S. Circuit Court of Appeals upheld a lower court’s ruling rejecting Colorado’s motion to dismiss the generic drugmaker’s lawsuit. In an opinion authored by U.S. Circuit Judge Bobby Baldock, the panel agreed that Teva’s claim that Colorado is violating federal law is enough to overcome the state’s general protection from lawsuits provided by the U.S. Constitution.

Representatives for Teva did not immediately respond to a request for comment on the ruling.

A spokesperson for Colorado Attorney General Phil Weiser dec

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