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MIAMI-LUKEN, INC. v. OHIO STATE BD. OF PHARMACY

No. 87AP-444.

39 Ohio App. 3d 161 (1987)

MIAMI-LUKEN, INC., APPELLEE, v. OHIO STATE BOARD OF PHARMACY, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided September 1, 1987.

Attorney(s) appearing for the Case

Altick & Corwin and R. Paul Perkins, Jr., for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Yvette M. McGee, for appellant.

STRAUSBAUGH, P.J.

This is an appeal by appellant Ohio State Board of Pharmacy ("board") from a judgment of the common pleas court reversing an order of the appellant board finding that the language "for hospital use only" which appeared on the label of a drug known as "Nitro-Dur" did not constitute misbranding pursuant to state law.

The cause originated from a citation issued by the board on March 10, 1986, to appellee Miami-Luken, Inc., for a violation of...

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