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STERLING DRUG, INC. v. WICKHAM

No. 79-237.

63 Ohio St. 2d 16 (1980)

STERLING DRUG, INC., APPELLEE, v. WICKHAM, EXEC. DIR., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 2, 1980.

Attorney(s) appearing for the Case

Messrs. Lane, Alton & Horst, Mr. Jack R. Alton, Mr. William M. Lane and Mr. David Wm. T. Carroll, for appellee.

Mr. William J. Brown, attorney general, and Mr. Richard J. Forman, for appellants.

STEPHENSON, J.

In Burger Brewing Co. v. Liquor Control Comm. (1973), 34 Ohio St.2d 93, this court held that pre-enforcement review of an agency rule under now repealed R. C. 119.11 was precluded, but that the validity of the rule could properly be adjudicated by a court, in the exercise of its sound discretion, under the Declaratory Judgment Act if a justiciable controversy existed between adverse parties...

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