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BARRY LABORATORIES, INC., v. STATE BD. OF PHARM.

26 Wis.2d 505 (1965)

BARRY LABORATORIES, INC., Plaintiff, v. STATE BOARD OF PHARMACY, Defendant. [Two appeals.]

Supreme Court of Wisconsin.

February 17, 1965.

Attorney(s) appearing for the Case

For the plaintiff there was a brief by Quarles, Herriott & Clemons, attorneys, and Maxwell H. Herriott and James Urdan of counsel, all of Milwaukee, and oral argument by Mr. Urdan.

For the defendant the cause was argued by Robert J. Vergeront, assistant attorney general, with whom on the brief was George Thompson, attorney general.

HEFFERNAN, J.

1. The issues. Barry contends that the announcement by the board with respect to the licensing requirement is a rule as defined in sec. 227.01 (3), Stats., and therefore reviewable in an action for declaratory judgment by virtue of sec. 227.05. The board contends that the statement of the board is not a rule. The circuit court agreed with the board and decided that no cause of action had been stated under sec. 227.05. The board concedes that the...

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