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PHARMACEUTICAL SOC. OF STATE OF N.Y. v. LEFKOWITZ

No. 147, Docket 78-7326.

586 F.2d 953 (1978)

PHARMACEUTICAL SOCIETY OF the STATE OF NEW YORK, INC., Brendan Lawler, Dr. Allan H. Bruckheim and Marilyn Stuzin, Plaintiffs-Appellants, v. Louis LEFKOWITZ, Albert J. Sica, Gordon M. Ambach and Robert P. Whalen, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 1, 1978.

Attorney(s) appearing for the Case

Leon Friedman, Hempstead, N. Y. (Jacobson & Goldberg, Garden City, N. Y., of counsel), for plaintiffs-appellants.

A. Seth Greenwald, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of State of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants-appellees.

Before SMITH, FEINBERG and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

This interlocutory appeal concerns a challenge, on federal constitutional grounds, to New York's generic drug substitution law, Chapter 776 of the Laws of New York, 1977 (hereinafter called the "Generic Drug Act" or "the Act"), which provides, subject to certain conditions, for the druggist's dispensing cheaper generic drugs in lieu of trade name drugs in filling doctors' prescriptions. The Southern District of New York, Vincent L. Broderick...

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