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NORTH AMERICAN BIOLOGICALS, INC. v. MARY

No. 9686.

290 So.2d 774 (1974)

NORTH AMERICAN BIOLOGICALS, INC., et al., Plaintiffs-Appellants, v. Dr. Charles C. MARY, Jr., Commissioner, et al., Defendants-Appellants.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 18, 1974.

Writ Refused May 17, 1974.

Attorney(s) appearing for the Case

David Cressy and Robert Morlas Schoenfeld, Dept. of Law, City of New Orleans, New Orleans, for defendants-appellants.

Gordon A. Pugh and Van R. Mayhall, Jr., Baton Rouge, for Professional Plasma Foundation, Inc.

James P. Screen, New Orleans, for Dr. Charles Mary, Jr., Comm. of La. Health & Soc. & Rehab. Service Admin., defendant-appellee and amicus curiae.

Edward M. Baldwin, New Orleans, for N. American Biologicals.

Roger M. Denton, Metairie, for Allied Plasma Corp. of La., Inc.

Before LANDRY, ELLIS and PICKETT, JJ.

PICKETT, Judge.

Plaintiffs, North American Biologicals, Inc., Allied Plasma Corporation of Louisiana, Inc., and Professional Plasma Foundation, Inc., are commercial blood banks, which operate plasmapheresis programs. Operations of this type are subject to federal, state and municipal regulation. On October 20, 1971, the Board of Health of the City of New Orleans adopted the Standards for Blood Banks and Transfusion Services, issued by the American Association of Blood...

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