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BD. OF PHARMACY OF N.J. v. ANDERSON

40 N.J. 40 (1963)

190 A.2d 664

BOARD OF PHARMACY OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN ANDERSON T/A ANDERSON'S MARKET, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 6, 1963.

Attorney(s) appearing for the Case

Mr. Morton I. Greenberg argued the cause for appellant.

Mr. Robert B. Kroner, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Messrs. Wilentz, Goldman & Spitzer filed a brief on behalf of The New Jersey Pharmaceutical Association, amicus curiae (Mr. Robert N. Wilentz, of counsel).

Mr. Henry F. Wolff, Jr., filed a brief on behalf of The Proprietary Association, amicus curiae (Messrs. Brogan & Wolff, attorneys; Mr. James F. Hoge and Mr. William F. Weigel, of the New York bar, of counsel).

The opinion of the court was delivered

PER CURIAM.

Defendant appeals from a judgment imposing a statutory penalty for a sale of a medicine in violation of N.J.S.A. 45:14-6. We certified his appeal before argument in the Appellate Division.

Defendant is not a pharmacist. The ultimate issue is whether citrate of magnesia, bottles of which defendant retailed in his food market, is a "patent or proprietary" medicine within the meaning of N.J...

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