Yesterday, after the Caremark board of directors spurned the Express Scripts merger proposal, Express Scripts announced that it is making four nominations to the Caremark board through a proxy vote effort. Today, it was revealed in an SEC filing that an Express Scripts subsidiary “bought 591,000 shares of Caremark Rx Inc. last month for almost $30 million.” CVS is not pleased.

In a separate development, a federal judge in Nashville, TN, where Caremark is headquartered, has dismissed two shareholder suits challenging the CVS merger proposal “on grounds that [the suits] cover the same issues as a separate case pending in chancery court in Delaware,” where Caremark is incorporated.