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SCHUMAN v. MULLER

Civ. A. No. 79-4321.

484 F.Supp. 1334 (1980)

Isadore SCHUMAN, and I. Schuman Industries, Inc. v. H. Arnold MULLER, M. D., Secretary, Pennsylvania Department of Health, Edward G. Biester, Jr., Attorney General, Jack B. Ogun, R. Ph., Director, Division of Drugs, Devices and Cosmetics, Department of Health, Commonwealth of Pennsylvania.

United States District Court, E. D. Pennsylvania.

March 3, 1980.

Attorney(s) appearing for the Case

Alan L. Director, Philadelphia, Pa., for plaintiffs.

Robert E. Kelly, Deputy Atty. Gen., Pennsylvania Dept. of Justice, Harrisburg, Pa., for defendants.

OPINION

LUONGO, District Judge.

The Pennsylvania Generic Drug Act (Act), 35 Pa.Stat.Ann. §§ 960.1-.7 (Purdon 1977), has as its objective the delivery of prescription drugs to consumers at the lowest possible cost. See generally id. § 960.1. To this end, the Act authorizes a pharmacist to substitute a less expensive generically equivalent drug for the brand name drug prescribed if the prescription specifically permits substitution and...

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