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GREENBLATT v. NEW JERSEY BD. OF PHARMACY

214 N.J. Super. 269 (1986)

518 A.2d 1116

SIDNEY GREENBLATT AND STILES PHARMACY, INC., PLAINTIFFS-RESPONDENTS/CROSS-APPELLANTS, v. THE NEW JERSEY BOARD OF PHARMACY, DEFENDANT-APPELLANT/CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 1986.

Attorney(s) appearing for the Case

W. Cary Edwards, Attorney General, attorney for appellant/cross-respondent (Andrea M. Silkowitz, Deputy Attorney General, of counsel; Sandra Y. Dick, Deputy Attorney General, on the briefs).

Myers, Matteo, Rabil, Pluese & Norcross, attorneys for respondents/cross-appellants (Marie E. Lihotz, on the briefs).

Wilentz, Goldman & Spitzer filed amicus curiae letter brief on behalf of the New Jersey Pharmaceutical Association (Gordon J. Golum, of counsel; Peter C. Visceglia, on the letter brief).

Before Judges FURMAN, DREIER and SHEBELL.

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

The New Jersey Board of Pharmacy appeals from a Law Division order quashing a subpoena by which it sought to obtain prescriptions and patient records in connection with its investigation of improper practices by plaintiffs, Sidney Greenblatt and Stiles Pharmacy, Inc. Plaintiffs have cross-appealed from that portion of the decision upholding the constitutionality of the challenged statutes.

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