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

12 A.D.2d 180 (1961)

Loblaw, Inc., Respondent, v. New York State Board of Pharmacy et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 12, 1961.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Henderson G. Riggs of counsel), for appellants.

Charles A. Brind, Jr., Counsel, State Education Department (John P. Jehu, Elizabeth M. Eastman and George B. Farrington of counsel), for appellants.

Jaeckle, Fleischmann, Kelly, Swart & Augspurger (Mathias F. Correa and William E. Hegarty of counsel), for respondent.

Clarence R. Runals and Thomas R. Mathias for Pharmaceutical Society of State of New York, Inc., amicus curiæ.

Present — WILLIAMS, P. J., BASTOW, GOLDMAN and HENRY, JJ.

WILLIAMS, P. J.

The defendants, State Board of Pharmacy et al., have appealed from a judgment in favor of the plaintiff which provides in effect that plaintiff may sell Bayer Aspirin Tablets in its retail stores in New York State without complying with certain provisions of the Education Law regulating the sale of drugs.

The technical name of the product commonly known as aspirin is acetylsalicylic...

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