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K. & W. PHARMACY v. STATE DEPT. OF SOCIAL WELFARE

Docket No. 33090.

275 Cal.App.2d 139 (1969)

79 Cal. Rptr. 598

K. & W. PHARMACY, INC., et al., Plaintiffs and Appellants, v. STATE DEPARTMENT OF SOCIAL WELFARE et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

July 25, 1969.

Attorney(s) appearing for the Case

Eugene M. Elson for Plaintiffs and Appellants.

Thomas C. Lynch, Attorney General, and Edward M. Belasco, Deputy Attorney General, for Defendants and Respondents.

KINGSLEY, J.

This is an action for declaratory relief, brought by two pharmacies, seeking a declaration that a certain regulation issued by defendant State Social Welfare Board was invalid. After a hearing in the trial court, judgment was entered adverse to plaintiffs and they have appealed. We reverse the judgment with directions to dismiss the action.

On December 16, 1960, defendant board amended its Regulation...

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