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PHARMACEUTICAL MFRS. ASS'N v. NEW MEXICO BD. OF PH.

No. 1009.

525 P.2d 931 (1974)

86 N.M. 571

PHARMACEUTICAL MANUFACTURERS ASSOCIATION, a non-profit Delaware corporation, et al., Appellants, v. NEW MEXICO BOARD OF PHARMACY, Appellee.

Court of Appeals of New Mexico.

Rehearing Denied June 19, 1974.

Certiorari Granted July 25, 1974.

Attorney(s) appearing for the Case

Dean S. Zinn, Zinn & Donnell, Santa Fe, for appellants.

Turner W. Branch, Frank P. Dickson, Jr., Branch, Dickson, Dubois & Wilson, P.A., Albuquerque, for appellee.

OPINION

HENDLEY, Judge.

Appellants seek review of certain regulations adopted by the New Mexico Board of Pharmacy. Our standard of review is found in § 67-26-31(C), N.M.S.A. 1953 (Repl.Vol. 1961, pt. 1, Supp. 1973) which states:

"C. Upon appeal, the court of appeals shall set aside the regulation only if found to be: "(1) arbitrary, capricious or an abuse of discretion; "(2) contrary to law; or "(3) against the...

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