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WALGREEN CO. v. CITY AND COUNTY OF SAN FRANCISCO

No. A123891.

185 Cal.App.4th 424 (2010)

WALGREEN CO., Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, Daniel M. Kolkey, Brett H. Oberst and Rebecca Justice Lazarus for Plaintiff and Appellant.

Dennis Herrera, City Attorney, Wayne Snodgrass and Vince Chhabria, Deputy City Attorneys, for Defendants and Respondents.

Francisco J. Silva and Long X. Do for California Medical Association and San Francisco Medical Society as Amici Curiae on behalf of Defendants and Respondents.

OPINION

McGUINESS, P.J.—

In this appeal we consider a challenge to an ordinance enacted by the City and County of San Francisco (the City) banning the sale of tobacco products in certain retail establishments that contain a pharmacy. The ordinance is premised on the notion that a retail store conveys tacit approval of tobacco use when it sells prescription drugs as well as tobacco...

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