REVCO S.E. DRUG CTRS., INC. v. NORTH CAROLINA BD. OF PH.

No. 7410SC21.

204 S.E.2d 38 (1974)

21 N.C. App. 156

REVCO SOUTHEAST DRUG CENTERS, INC., et al., v. The NORTH CAROLINA BOARD OF PHARMACY, and the North Carolina Pharmaceutical Assn.

Court of Appeals of North Carolina.

April 3, 1974.


Attorney(s) appearing for the Case

Sanford, Cannon, Adams & McCullough by E. D. Gaskins, Jr., Robert W. Spearman and Daniel T. Blue, Jr., Raleigh, for plaintiff-appellee.

Bailey, Dixon, Wooten, McDonald & Fountain by Kenneth Wooten, Jr., Raleigh, for defendant-appellant.


CARSON, Judge.

The summary judgment entered by the trial court contained extensive findings of fact and three conclusions of law. To summarize the conclusions of law, the court held as follows: 1. That G.S. § 90-57.1 did not grant authority to the Board to regulate the advertising of prescription drugs. 2. That even if the statute did authorize the Board to adopt regulations concerning advertising, it was unconstitutional as an unlawful delegation of legislative...

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