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

No. 78 Civ. 1420 (VLB).

454 F.Supp. 1175 (1978)

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

United States District Court, S. D. New York.

June 22, 1978.

Attorney(s) appearing for the Case

Jacobson & Goldberg, Garden City, N.Y., for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., New York City by A. Seth Greenwald, New York City, for defendants.

MEMORANDUM ORDER

BRODERICK, District Judge.

An individual pharmacist, a physician, a consumer patient, and the Pharmaceutical Society of the State of New York seek to enjoin the implementation of Chapter 776 of the Laws of 1977 of the State of New York. The challenged statutes, which became effective on April 1, 1978, provide that under certain circumstances pharmacists are to furnish to consumer-patients less expensive drugs which are bioequivalent to those...

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