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  5. 11 N.Y.2d 102 (1962)
 

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

11 N.Y.2d 102 (1962)

Loblaw, Inc., Appellant, v. New York State Board of Pharmacy et al., Respondents.

Court of Appeals of the State of New York.

Decided March 1, 1962.

Attorney(s) appearing for the Case

Mathias F. Correa and William E. Hegarty for appellant.

Louis J. Lefkowitz, Attorney-General (Charles A. Brind, Paxton Blair, John P. Jehu, Elizabeth M. Eastman and George B. Farrington of counsel), for respondents.

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

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER concur.

VAN VOORHIS, J.

This action, for declaratory judgment and an injunction, concerns whether Bayer Aspirin Tablets can be sold in New York State in plaintiff's supermarkets, or whether they are required by the "Pharmacy" article of the Education Law (art. 137) to be dispensed only at pharmacies, drugstores or registered stores (Education Law, § 6805, subd. 1) by or under the immediate supervision of licensed...

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