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PATTERSON DRUG COMPANY v. KINGERY

Civ. A. No. 68-C-46-L.

305 F.Supp. 821 (1969)

PATTERSON DRUG COMPANY, d/b/a Revco Drug Centers, a Virginia corporation, et al., Plaintiffs, v. Charles F. KINGERY et al., Defendants.

United States District Court W. D. Virginia, Lynchburg Division.

September 16, 1969.

Attorney(s) appearing for the Case

Lapsley W. Hamblen, Jr., Caskie, Frost, Davidson & Hobbs, Lynchburg, Va., Ernest C. T. Santora, John E. Purdy, Alan Arnold, Lane, Krotinger, Santora, Stone & Purdy, Cleveland, Ohio, for plaintiffs.

Robert Y. Button, Atty. Gen., of Virginia, Richard N. Harris, Anthony F. Troy, Asst. Attys. Gen., Richmond, Va., for defendants.

Francis B. Burch, Atty. Gen. of Maryland, Robert F. Sweeney, Deputy Atty. Gen., Baltimore, Md., Helgi Johanneson, Atty. Gen. of North Dakota, Bismarck, N. D., Duke W. Dunbar, Atty. Gen. of Colorado, James K. Kreutz, William Tucker, Asst. Attys. Gen., Denver, Colo., amicus curiae.

Before BUTZNER, Circuit Judge, DALTON, Chief Judge, Western District of Virginia, and KELLAM, District Judge, Eastern District of Virginia.

BUTZNER, Circuit Judge:

The Patterson Drug Company, doing business in Virginia as Revco Drug Centers, and Donald J. Deaton, a pharmacist in charge of one of Revco's stores, seek an injunction under 28 U.S.C. sec. 2281 to restrain enforcement of a statute which defines unprofessional conduct of a pharmacist. We find the statutory prohibition against advertising to be valid, but we hold that the statute cannot be employed to fix the prices of prescription drugs.

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