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WHITEHALL LABORATORIES v. WILBAR

397 Pa. 223 (1959)

Whitehall Laboratories, Appellant, v. Wilbar.

Supreme Court of Pennsylvania.

September 28, 1959.

Attorney(s) appearing for the Case

Samuel A. Schreckengaust, Jr., with him McNees, Wallace & Nurick, for appellant.

Joseph L. Cohen, Deputy Attorney General, and Anne X. Alpern, Attorney General, with them Elmer T. Bolla, Deputy Attorney General, for appellee.

William D. Boswell, and Compton, Handler, Berman & Boswell, for amicus curiae.

Before JONES, C.J., BELL, MUSMANNO, JONES and BOK, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, September 28, 1959:

This appeal presents for review the propriety of a decree of the Court of Common Pleas of Dauphin County, sitting in equity, which decree affirmed the action of the Secretary of Health of the Commonwealth of Pennsylvania in his refusal to exempt a drug called "Primatene" from the prescription-dispensing requirements of "The Dangerous Drug Act of 1955".1

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