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RICE v. STATE BOARD OF PHARMACY

Nos. 1508 and 1511 C.D. 1978.

42 Pa.Commw. 543 (1979)

Frank Phillip Rice, d/b/a Phillips Drug, Inc., Petitioner v. Commonwealth of Pennsylvania, State Board of Pharmacy, Respondent. Charles Rice, Petitioner v. Commonwealth of Pennsylvania, State Board of Pharmacy, Respondent.

Commonwealth Court of Pennsylvania.

May 10, 1979.

Attorney(s) appearing for the Case

John L. Doherty, with him William F. Manifesto, and Manifesto, Doherty, Love and Talarico, P.C., for petitioners.

Lenora M. Smith, Assistant Attorney General, for respondent.

Argued March 9, 1979, before Judges CRUMLISH, JR., DiSALLE and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., May 10, 1979:

The Pennsylvania State Board of Pharmacy (Board) ordered the revocation of the pharmacy licenses of Frank and Charles Rice (Petitioners) and the pharmacy permit to Phillips Drug, Inc. Rice et al. appeal.

We reverse.

Section 5(a)(2) of the Pharmacy Act, Act of September 27, 1961, P.L. 1700, as amended, 63 P.S. § 390-5 (a)(2), empowers the Board to suspend or revoke the license of any pharmacist...

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