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MILLIGAN v. BOARD OF REGISTRATION IN PHARMACY

348 Mass. 491 (1965)

204 N.E.2d 504

JOHN J. MILLIGAN & another vs. BOARD OF REGISTRATION IN PHARMACY (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

February 8, 1965.

Attorney(s) appearing for the Case

David Lee Turner & David Berman, Assistant Attorneys General, for the Board of Registration in Pharmacy.

David A. Rakov (Sumner Z. Kaplan with him) for John J. Milligan & another.

Harold Rosenwald (George W. Cashman with him) for Martin Cohen & another.

John F. Zamparelli, for Massachusetts State Pharmaceutical Association, amicus curiae, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

CUTTER, J.

In each of these two cases we must determine whether there may be review under the State Administrative Procedure Act (G.L.c. 30A, § 14, as amended through St. 1957, c. 193, § 1) of the board's denial of an application for a permit to conduct a retail drug store. See G.L.c. 112, § 38, as amended by St. 1934, c. 236,2 and § 39, as amended through St. 1953, c. 281. Section 39 was amended after the hearing before...

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