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LOBLAW v. N. Y. S. BD. OF PHARMACY

22 Misc.2d 131 (1960)

Loblaw, Inc., Plaintiff, v. New York State Board of Pharmacy et al., Defendants.

Supreme Court, Erie County.

March 7, 1960.

Attorney(s) appearing for the Case

Jaeckle, Fleischmann, Kelly, Swart & Augspurger (Edwin F. Jaeckle and Joseph Swart of counsel), and Cahill, Gordon, Heindel & Ohl (Mathias F. Correa, Sheldon Oliensis, William E. Hegarty and Donald F. X. Finn of counsel), for plaintiff.

Charles A. Brind, Jr. (John P. Jehu, Elizabeth M. Eastman, George B. Farrington and Richard I. Nunez of counsel), and Louis J. Lefkowitz, Attorney-General (Paxton Blair and Henderson G. Riggs of counsel), for defendants.

Runals, Broderick, Shoemaker, Mathias & Rickert and Emil Greenberg (Clarence R. Runals and Thomas R. Mathias of counsel), for Pharmaceutical Society of the State of New York, Inc., amicus curiæ.

Martin, Clearwater & Bell (William F. Martin and Barton L. Ingraham of counsel), for Medical Society of the State of New York, amicus curiæ.

REID S. MOULE, J.

This is a motion by the defendants for summary judgment. The plaintiff also seeks summary judgment (Rules Civ. Prac., rule 113).

There appear to be no substantial questions of fact presented by the pleadings other than that the amended complaint alleges in paragraphs Tenth and Twelfth that Bayer Aspirin Tablets are not poisonous, deleterious and/or habit-forming within the meaning of...

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