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SNYDER'S DRUG ST., INC. v. MINNESOTA ST. BD. OF PHARM.

No. 44624.

221 N.W.2d 162 (1974)

SNYDER'S DRUG STORES, INC., Respondent, v. MINNESOTA STATE BOARD OF PHARMACY, Respondent, and Minnesota State Pharmaceutical Association, et al., intervenors, Respondents, Minnesota Public Interest Research Group, et al., applicants to intervene, Appellants.

Supreme Court of Minnesota.

August 9, 1974.

Attorney(s) appearing for the Case

Dayton & Herman and John H. Herman, Minneapolis, for appellants.

Gray, Plant, Mooty & Anderson and Michael R. Cunningham, Minneapolis, for Snyder's Drug.

Robert T. Stich, Sp. Asst. Atty. Gen., Minneapolis, for Minn. State Bd. of Pharmacy.

Mastor & Mattson, Robert W. Mattson, and Alonzo B. Seran, Minneapolis, for Minn. State Pharmaceutical Assn.

Heard before SHERAN, C. J., and KELLY, TODD, YETKA, and SCOTT, JJ., and considered and decided by the court.

YETKA, Justice.

This action was brought by Snyder's Drug Stores, Inc., against the Minnesota State Board of Pharmacy (hereinafter referred to as the board) to set aside a regulation (Minn.Reg.Pharm. 37[k]) issued by the latter which prohibits pharmacists from advertising retail prices of prescription drugs. Snyder alleges the regulation violates due process of law, imposes an unconstitutional burden on interstate commerce, and is in excess of the board's statutory...

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