OSCO DRUG v. DEPARTMENT OF REGISTRATION & ED.

No. 76-1571.

370 N.E.2d 59 (1977)

54 Ill. App.3d 936

12 Ill.Dec. 436

OSCO DRUG, INC., Plaintiff-Appellee, v. DEPARTMENT OF REGISTRATION AND EDUCATION, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

November 7, 1977.


Attorney(s) appearing for the Case

William J. Scott, Atty. Gen. of the State of Illinois, Chicago (Charles J. Pesek, Asst. Atty. Gen., of counsel), for defendant-appellant.

McDermott, Will & Emery, Chicago (Harold J. Bressler and Robert T. Palmer, Chicago, of counsel), for plaintiff-appellee.

Sidney Waller, Waller & Waller, Chicago, for amicus curiae The Chicago Retail Druggists Assn. and The Illinois Pharmaceutical Assn.


GOLDBERG, Presiding Justice:

Osco Drug, Inc. (plaintiff) filed an amended complaint for declaratory judgment and injunctional relief against the Illinois Department of Registration and Education (defendant). The amended complaint involved construction of the Pharmacy Practice Act (Ill.Rev.Stat.1975, ch. 91, par. 55.1 et seq.; hereinafter referred to as the Pharmacy Practice Act), regarding whether plaintiff was required to have a registered pharmacist present...

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