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DUDA v. STATE BOARD OF PHARMACY

No. 1273 C.D. 1977.

38 Pa.Commw. 378 (1978)

George Thomas Duda, Petitioner v. Commonwealth of Pennsylvania, State Board of Pharmacy, Respondent.

Commonwealth Court of Pennsylvania.

November 2, 1978.

Attorney(s) appearing for the Case

Larry P. Gaitens, with him Lucchino, Gaitens & Hough, for petitioner.

William J. Wheeler, Jr., Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

Argued September 12, 1978, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE and MacPHAIL. Judges CRUMLISH, JR. and CRAIG did not participate.

OPINION BY JUDGE ROGERS, November 2, 1978:

George Thomas Duda, a pharmacist, has filed a petition for review of an order of the State Board of Pharmacy suspending his license to practice pharmacy for a period of thirty days. We granted a supersedeas and we now reverse the Board's order.

Mr. Duda pleaded guilty to two charges of violating Section 13(a) (28) of The Controlled Substance, Drug, Device and Cosmetic Act (Drug Act), Act of April 14, 1972, P.L. 233...

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