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WALGREEN COMPANY v. DONOVAN

No. 15314.

227 F.2d 165 (1955)

WALGREEN COMPANY, Petitioner, v. Honorable Dennis F. DONOVAN, Judge of the United States District Court for the District of Minnesota, Respondent.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 22, 1955.

Attorney(s) appearing for the Case

Harry H. Peterson, Minneapolis, Minn. (Roy A. MacDonald, St. Paul, Minn., with him on the brief), for petitioner.

William W. Essling, Sp. Asst. Atty. Gen. of Minnesota (Miles Lord, Atty. Gen., of Minnesota, with him on the brief), for respondent.

Before GARDNER, Chief Judge, and JOHNSEN and VAN OOSTERHOUT, Circuit Judges.

JOHNSEN, Circuit Judge.

In a companion case, Snyder's Drug Stores, Inc., v. Taylor (Elkon, Inc., v. Taylor), 8 Cir., 227 F.2d 162, involving the same situation and contentions, and heard on a similar motion to dismiss, the court likewise required the plaintiff to have the question of the State Board of Pharmacy's power to promulgate the regulations settled by the Minnesota state courts, but, instead of dismissing the suit, as in the...

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