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MISSOULA CLINIC PHARMACY v. ZIMMERMAN

No. 11603.

454 P.2d 619 (1969)

MISSOULA CLINIC PHARMACY, a corporation, Petitioner and Appellant, v. Jack ZIMMERMAN, Earl Beck, and Lloyd A. Thomas, all members of the Montana State Board of Pharmacy, Res[pmdents and Respondents.

Supreme Court of Montana.

Decided May 15, 1969.

Rehearing Denied June 3, 1969.

Attorney(s) appearing for the Case

Boone & Karlberg, Karl Karlberg, argued, Missoula, for appellant.

Sandall, Moses & Cavan, Charles F. Moses, argued, Billings, for respondents.

HASWELL, Justice.

This is an appeal by an applicant for a license to operate a pharmacy from a district court judgment affirming the license denial by the Montana State Board of Pharmacy.

The single controlling issue on this appeal is whether the State Pharmacy Act grants authority to the Montana State Board of Pharmacy to deny a license to operate a pharmacy solely on the ground of ownership by physicians. The district court held that it does. We reverse...

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