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LEMMON CO. v. STATE BD. OF MEDICAL EXAM'RS

175 N.J. Super. 40 (1980)

417 A.2d 568

LEMMON COMPANY, PLAINTIFF-APPELLANT, v. THE NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS, DEFENDANT-RESPONDENT. BOEHRINGER INGLEHEIM LTD., PLAINTIFF-APPELLANT, v. NEW JERSEY STATE BOARD OF MEDICAL EXAMINERS ET AL., DEFENDANTS-RESPONDENTS. AMERICAN SOCIETY OF BARIATRIC PHYSICIANS AND OBESITY AND NUTRITION COUNCIL, PLAINTIFFS-APPELLANTS, v. STATE BOARD OF MEDICAL EXAMINERS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 1980.

Attorney(s) appearing for the Case

Arnold M. Mellk argued the cause for appellant Lemmon Company (Greenberg & Mellk, attorneys; Arnold M. Mellk of counsel; Dennis Daly, on the brief).

Murray J. Laulicht argued the cause for appellant Boehringer Ingleheim Ltd. (Pitney, Hardin & Kipp, attorneys; Clyde A. Szuch and Ronnie F. Liebowitz, on the brief).

Charles H. Hoens, Jr., argued the cause for appellants American Society of Bariatric Physicians and Obesity and Nutrition Council (Lum, Biunno & Tompkins, attorneys; Charles H. Hoens, Jr., of counsel; David C. Dreifuss, on the brief).

Heikki Leesment, Deputy Attorney General, argued the cause for respondent (John J. Degnan, Attorney General, attorney; Erminie L. Conley, Assistant Attorney General, of counsel; Heikki Leesment, on the brief).

Before Judges ALLCORN, MORGAN and FRANCIS.

The opinion of the court was delivered by MORGAN, J.A.D.

At issue in this appeal is the validity of a regulation adopted by the Board of Medical Examiners (hereinafter "Board") which, in explicit terms, proscribes physician use of amphetamines or amphetamine-type drugs, classified as Schedule II controlled dangerous substances, in the treatment of exogenous obesity.

N.J.A.C. 13:35-6.16 provides:

Uses of amphetamines and sympathomimetic amine...

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