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RITE AID CORP. v. BD. OF PHARMACY OF STATE OF N. J.

Civ. A. No. 74-1628.

421 F.Supp. 1161 (1976)

RITE AID CORPORATION, a corporation of the State of Delaware, et al., Plaintiffs, v. The BOARD OF PHARMACY OF the STATE OF NEW JERSEY et al., Defendants.

United States District Court, D. New Jersey.

September 14, 1976.

Attorney(s) appearing for the Case

Robinson, Wayne & Greenberg by Donald A. Robinson, Ronald J. Riccio, Newark, N. J., for plaintiffs.

William F. Hyland, Atty. Gen. of New Jersey by Bertram P. Goltz, Jr., J. Paul Dizzia, Deputy Attys. Gen., Trenton, N. J., for defendants.

Before GARTH, Circuit Judge, and LACEY and STERN, District Judges.

OPINION

GARTH, Circuit Judge.

Plaintiffs, Rite Aid Corporation, Rite Aid Pharmacy of Bergenfield, Inc., and Milton H. Silver seek to declare unconstitutional and to enjoin the enforcement of certain New Jersey statutes which regulate the practice of pharmacy. The statutes challenged are N.J.S.A. 45:14-1, 3, 12, and 35 of the New Jersey Pharmacy Act and N.J.S.A. 52:14B-10(c) of the New Jersey Administrative Procedure Act. After a plenary trial on the merits...

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