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N.J. PHARMACEUTICAL ASS'N v. FURMAN

33 N.J. 121 (1960)

162 A.2d 839

THE NEW JERSEY PHARMACEUTICAL ASSOCIATION, A CORPORATION OF NEW JERSEY, ET AL., PLAINTIFFS, v. DAVID D. FURMAN, ATTORNEY GENERAL OF NEW JERSEY, ET AL., RESPONDENTS. THE NEW JERSEY PHARMACEUTICAL ASSOCIATION, A CORPORATION OF NEW JERSEY, ET AL., PLAINTIFFS-APPELLANTS, v. DAVID D. FURMAN, ATTORNEY GENERAL OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS. THE NEW JERSEY PHARMACEUTICAL ASSOCIATION, A CORPORATION OF NEW JERSEY, ET AL., PLAINTIFFS-APPELLANTS, v. DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 28, 1960.

Attorney(s) appearing for the Case

Mr. Leon S. Milmed argued the cause for the appellants (Messrs. Milmed & Feder, attorneys; Mr. Melvin Gittleman, on the brief).

Mr. David D. Furman, Attorney General, argued the cause for the respondents (Mr. William L. Boyan, Deputy Attorney General and Mr. Edwin C. Landis, Jr., Deputy Attorney General, on the brief).

The opinion of the court was delivered by JACOBS, J.

The plaintiffs, the New Jersey Pharmaceutical Association and three individual pharmacists, filed a petition for declaratory judgment under R.R. 4:88-10 and two appeals under R.R. 4:88-8, all primarily designed to obtain a judicial declaration of the invalidity of Executive Directive No. 4, issued by Attorney General Furman on October 19, 1959 and reading as follows:

"Effective this date, there...

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