SCHUMAN'S VILL. SQ. DRUGS, INC. v. STERN ET AL.

No. 2 Tr. Dkt. 1974.

14 Pa.Commw. 559 (1974)

Schuman's Village Square Drugs, Inc., Plaintiff, v. Joseph Stern, Earl P. Collins, Sol S. Turnoff, Donald Bell and George J. Haggerty, Defendants.

Commonwealth Court of Pennsylvania.

July 19, 1974.


Attorney(s) appearing for the Case

George M. Painter, III, for plaintiff.

Gerry J. Elman, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Israel Packel, Attorney General, for defendants.

Argued June 3, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE ROGERS, July 19, 1974:

Schuman's Village Square Drugs, Inc. here sues members of the Pennsylvania State Board of Pharmacy in trespass seeking compensatory and punitive damages. It alleges that the defendants, as members of the Board, first maliciously delayed considering its application for a pharmacy permit and then maliciously refused to issue the permit. The complaint contains no statement of the facts upon which the charges of malice are based...

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