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TERRY v. CALIFORNIA STATE BOARD OF PHARMACY

No. C-74-1091 RFP (SJ).

395 F.Supp. 94 (1975)

Shirley TERRY, Individually and on behalf of all others similarly situated, Plaintiffs, v. CALIFORNIA STATE BOARD OF PHARMACY et al., Defendants, Ellen Stern HARRIS et al., Plaintiffs in Intervention.

United States District Court, N. D. California.

May 12, 1975.

Attorney(s) appearing for the Case

Robert A. Baines, Community Legal Services, San Jose, Cal., for plaintiff Shirley Terry, and others.

Steven M. Fleisher, Charles R. Drew, Health Rights Project, Phillip Neumark, California Rural Legal Assistance, San Francisco, Cal., and Stanton J. Price, National Health Law Program, Los Angeles, Cal., for plaintiffs in intervention.

Louis C. Castro, Deputy Atty. Gen., San Francisco, Cal., for defendants.

Before BROWNING, Circuit Judge, EAST, Senior District Judge, and PECKHAM, District Judge.

OPINION

PECKHAM, District Judge.

Plaintiffs and plaintiffs in intervention seek declarations of unconstitutionality and permanent injunctions against the enforcement of California Business and Professions Code Sections 651, 651.3 and 652.5 insofar as they prohibit media advertising of the retail price of prescription drugs.

The cause of action arises under 42 U.S.C. Section 1983, with jurisdiction conferred upon this court by 28 U.S.C. Section 1343...

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