PROPRIETARY ASSN. v. BD. OF PHARMACY OF N.J.


27 N.J. Super. 204 (1953)

99 A.2d 52

THE PROPRIETARY ASSOCIATION, AN UNINCORPORATED ASSOCIATION, MORRIS I. ZIEPER, AN INDIVIDUAL, AND JOHN HAROOTUNIAN, AN INDIVIDUAL, PLAINTIFFS, v. BOARD OF PHARMACY OF THE STATE OF NEW JERSEY, GUY R. LUONGO, INDIVIDUALLY AND AS PRESIDENT OF THE BOARD OF PHARMACY OF THE STATE OF NEW JERSEY, STEPHEN M. DUSCHOCK, INDIVIDUALLY AND AS A MEMBER OF THE BOARD OF PHARMACY OF THE STATE OF NEW JERSEY, EPHRAIM G. SLESS, INDIVIDUALLY AND AS A MEMBER OF THE BOARD OF PHARMACY OF THE STATE OF NEW JERSEY, BERNARD GERSON, INDIVIDUALLY AND AS A MEMBER OF THE BOARD OF PHARMACY OF THE STATE OF NEW JERSEY, WILBUR E. POWERS, INDIVIDUALLY AND AS SECRETARY OF THE BOARD OF PHARMACY OF THE STATE OF NEW JERSEY, AND THEODORE D. PARSONS, THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 20, 1953.


Attorney(s) appearing for the Case

Mr. Thomas J. Brogan, attorney for plaintiffs (Mr. James F. Hoge and Mr. George M. Chapman, of the New York Bar, appearing).

Messrs. Lorentz & Stamler, attorneys for defendants (Mr. Joseph F. Stamler appearing).

Mr. Theodore D. Parsons, Attorney-General.


COLIE, J.S.C.

This is a declaratory judgment action brought by The Proprietary Association, an unincorporated association, Morris I. Zieper and John Harootunian, who operate respectively a tobacco and a grocery store. Both individuals sell or sold packaged medicines. The defendants are the Board of Pharmacy of the State of New Jersey, its members, and Theodore D. Parsons, Attorney-General of New Jersey.

The action was instituted after the Board of Pharmacy...

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