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OSCO DRUG, INC. v. PHARMACY EXAMINING BD.

No. 277.

61 Wis.2d 689 (1974)

214 N.W.2d 47

OSCO DRUG, INC., and another, Respondents, v. PHARMACY EXAMINING BOARD, Appellant.

Supreme Court of Wisconsin.

Decided January 21, 1974.

Attorney(s) appearing for the Case

For the appellant the cause was argued by John William Calhoun, assistant attorney general, with whom on the briefs was Robert W. Warren, attorney general.

For the respondents there was a brief by Lyman A. Precourt, Benjamin J. Abrohams, and Foley & Lardner, all of Milwaukee, and oral argument by Mr. Abrohams.

A brief amicus curiae was filed by DeWitt, McAndrews & Porter, S. C. of Madison, for Wisconsin Pharmaceutical Association.

WILKIE, J.

A single issue is dispositive of this appeal, to wit: Was the trial court correct in granting summary judgment on the ground that the two rules in question were not authorized by statute?

The trial court granted summary judgment for the plaintiffs on the ground that the Board lacked statutory authority to promulgate the rules in question. This is the only question on this appeal. Although the trial court...

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