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VIRGINIA CITIZENS CONSUM. COUN., INC. v. STATE BD. OF PHARM.

Civ. A. No. 73-336-R.

373 F.Supp. 683 (1974)

VIRGINIA CITIZENS CONSUMER COUNCIL, INC., et al., Plaintiffs, v. STATE BOARD OF PHARMACY, et al., Defendants.

United States District Court, E. D. Virginia, Richmond Division.

March 21, 1974.

Attorney(s) appearing for the Case

James W. Benton, Jr., Hill, Tucker & Marsh, Richmond, Va., Raymond T. Bonner, Washington, D. C., for plaintiffs.

Vann H. Lefcoe, Asst. Atty. Gen. of Virginia, Richmond, Va., Anthony F. Troy, Washington, D. C., for defendants.

Before BRYAN, Senior Circuit Judge and MacKENZIE and MERHIGE, District Judges.

OPINION OF THE COURT

BRYAN, Senior Circuit Judge:

A Virginia law1 is here decried as unconstitutional,2 as well as violative of Federal law3, in imputing "unprofessional conduct" to any pharmacist who "publishes, advertises or promotes" in any manner the "price, fee . . . discount, rebate or credit terms . . . for any drugs...

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