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JEWEL TEA CO. v. BD. OF PHARMACY

Docket Nos. 13, 14, Calendar Nos. 45,372, 45,373.

335 Mich. 673 (1953)

57 N.W.2d 425

JEWEL TEA COMPANY, INC., v. BOARD OF PHARMACY. COOK COFFEE COMPANY v. SAME.

Supreme Court of Michigan.

Decided March 10, 1953.

Attorney(s) appearing for the Case

Youngjohn, Worley, Brown & Flynn (John W. Unger, of counsel), for plaintiff Jewel Tea Company and another.

Friedman, Meyers & Keys (Sylvan Rapaport and Maxwell E. Katzen, of counsel), for plaintiff Cook Coffee Company and another.

Frank G. Millard, Attorney General, Edmund E. Shepherd, Solicitor General, and Daniel J. O'Hara and Ernest O. Zirkalos, Assistants Attorney General, for defendants.

BUSHNELL, J.

These cases, involving similar issues, were tried together and consolidated on appeal. The principal issue is the applicability of PA 1923, No 85, as amended (CL 1948, § 446.301 et seq. [Stat Ann § 19.611 et seq.]). If the act is applicable, the secondary questions are whether it contravenes certain sections of the Constitution of the State of Michigan and is contrary to the Fourteenth Amendment to the Federal Constitution. This...

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