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STADNIK v. SHELL'S CITY, INC.

No. 31496.

140 So.2d 871 (1962)

John STADNIK, Walter Griffin, Eric E. Cox, F. Allan Canova, and J.L. Love, Jr., Constituting the Florida Board of Pharmacy, under Chapter 465, Florida Statutes, Appellants, v. SHELL'S CITY, INC., a Florida Corporation, Appellee.

Supreme Court of Florida.

May 11, 1962.

Attorney(s) appearing for the Case

Richard W. Ervin, Atty. Gen., and Leonard R. Mellon, Asst. Atty. Gen., for appellants.

Milton M. Ferrell and J.M. Flowers, Miami, for appellee.

THORNAL, Justice.

By direct appeal we are requested to reverse a summary final decree wherein the chancellor passed directly upon the validity of Section 465.20, Florida Statutes, F.S.A.

Upon assuming jurisdiction we must consider the validity of a rule promulgated by the appellant Florida Board of Pharmacy.

On August 27, 1958, the appellant Florida Board of Pharmacy promulgated Rule 2, which reads:

"From and after September 15, 1958, no person...

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