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PEOPLE v. CASWELL-MASSEY CO.

6 N.Y.2d 497 (1959)

The People of the State of New York, Respondent, v. Caswell-Massey Co., Ltd., Milton Taylor and Ralph Taylor, Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

F. W. H. Adams, Donald W. Smith and George C. Mantzoros for appellants.

Charles H. Tenney, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for respondent.

Emil Greenberg for the Pharmaceutical Society of the State of New York, amicus curiæ.

Judges DYE, VAN VOORHIS and BURKE concur with Judge DESMOND; Chief Judge CONWAY dissents in an opinion in which Judges FULD and FROESSEL concur.

DESMOND, J.

Section 118c of the Sanitary Code of the City of New York is in pertinent part (subds. 1, 3) as follows:

"§ 118c. Dispensing of Barbiturates on Prescription Only; Filling and Refilling Prescriptions. — "1. No barbiturate as defined in Section 118b shall be sold, or dispensed, or given away in The City of New York except by a...

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