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MD. BD. OF PHARMACY v. SAV-A-LOT

[No. 2, September Term, 1973.]

270 Md. 103 (1973)

311 A.2d 242

MARYLAND BOARD OF PHARMACY v. SAV-A-LOT, INC. ET AL.

Court of Appeals of Maryland.

Decided October 31, 1973.

Attorney(s) appearing for the Case

Lee Stuart Thomson, Special Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Paul Walter, Assistant Attorney General, on the brief, for appellant.

Amicus Curiae brief filed by Maryland Pharmaceutical Association, Inc., Joseph S. Kaufman on the brief.

Amicus Curiae brief filed by Public Citizen, Inc. and Health Research Group, Raymond T. Bonner and Kalman R. Hettleman on the brief.

Amicus Curiae brief filed by Legal Services for the Elderly Poor, Larry Gibson, Bernard C. Durham and Jonathan A. Weiss on the brief.

George W. McManus, Jr., for appellees.

The cause was argued before MURPHY, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH, DIGGES and LEVINE, JJ.

LEVINE, J., delivered the opinion of the Court. SMITH, J., dissents and filed a dissenting opinion at page 123 infra.

We are presented here with a constitutional challenge to Maryland Code (1957, 1971 Repl. Vol.) Art. 43, § 266A (c) (4) (iv)1 resulting from an equity suit brought by appellees in the Circuit Court of Baltimore City. It subsequently became an action at law upon being transferred to the Superior Court of Baltimore...

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