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PHARMACEUTICAL ASS'N v. STATE PUBLIC WELFARE COMM.

248 Or. 60 (1967)

432 P.2d 296

OREGON STATE PHARMACEUTICAL ASSOCIATION ET AL, Appellants and Cross-respondents, v. STATE PUBLIC WELFARE COMMISSION, Respondents and Cross-appellants.

Supreme Court of Oregon.

Affirmed as modified and remanded September 21, 1967.

Petition for rehearing denied October 12, 1967.

Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause for appellants and cross-respondents. With him on the briefs were Rhoten, Rhoten & Speerstra.

A. Duane Pinkerton, Assistant Attorney General, Salem, argued the cause for respondents and cross-appellants. With him on the briefs were Robert Y. Thornton, Attorney General, and Louis S. Bonney, Assistant Attorney General.

Before McALLISTER, Presiding Justice, and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

AFFIRMED AS MODIFIED AND REMANDED.

LUSK, J.

This is a representative suit brought on behalf of proprietors of drug stores and pharmacists, members of the plaintiff, Oregon State Pharmaceutical Association, to obtain a declaration that they are entitled to recover from the defendant State Public Welfare Commission the agreed and reasonable value of drugs furnished by them to eligible recipients of public assistance at...

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