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COMMERCE CITY DRUG v. STATE BOARD OF PHARMACY

No. 72-008.

511 P.2d 935 (1973)

The COMMERCE CITY DRUG, Plaintiff-Appellee, v. The STATE BOARD OF PHARMACY of the State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 22, 1973.

Certiorari Denied July 30, 1973.

Attorney(s) appearing for the Case

Costello, Kofoed & O'Donnell, Eugene F. Costello, Denver, for plaintiff-appellee.

Duke W. Dunbar, Atty. Gen., William Tucker, Asst. Atty. Gen., for defendant-appellant.

Selected for Official Publication.

SILVERSTEIN, Chief Judge.

The Colorado State Board of Pharmacy (Board) suspended the pharmacy license of Commerce City Drug for violation of 1969 Perm.Supp., C.R.S.1963, 48-1-19(1) which states:

"It shall be unlawful: . . . . . . (i) To dispense a different drug or brand of drug in place of the drug or brand ordered or prescribed, without the expressed permission of the practitioner ordering or...

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