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SUPERX DRUGS CORPORATION v. MICHIGAN BOARD OF PHARMACY

Civ. A. No. 4712.

233 F.Supp. 705 (1964)

SUPERX DRUGS CORPORATION, a Michigan corporation, Plaintiff, v. The MICHIGAN BOARD OF PHARMACY and Paul C. Coussen, Francis G. Putvin, Frank E. Reilly, Bert C. Brennan and Richard J. Wilson, Members of the Michigan Board of Pharmacy, Defendants.

United States District Court W. D. Michigan, S. D.

September 22, 1964.

Attorney(s) appearing for the Case

McGraw, Allen, Haass & Selander, Detroit, Mich., James C. Allen, Detroit, Mich., of counsel, Arnold, Fortas & Porter, Washington, D. C., for plaintiff.

Frank J. Kelley, Atty. Gen., by Joseph B. Bilitzke, Asst. Atty. Gen., Lansing, Mich., for defendants.

FOX, District Judge.

The facts of this case and the course which it has followed through the various legal channels of this State present a confused state of affairs, and one with potential consequences of lasting importance.

The following is not a complete statement of the facts, but it is adequate to set the stage for an interim determination of the motions presently before this Court.

In mid-1962, the Kroger Company, a multi-state chain grocery...

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