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NEWCOMB SALES AND SERVICES CORP. v. N.J. BD. OF PHARMACY

218 N.J. Super. 69 (1987)

526 A.2d 1122

NEWCOMB SALES AND SERVICES CORP., A CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT, v. NEW JERSEY STATE BOARD OF PHARMACY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1987.

Attorney(s) appearing for the Case

Harold B. Shapiro argued the cause for appellant (Shapiro & Shapiro, attorneys, Samuel L. Shapiro, Harold B. Shapiro and Sheri B. Silverstein, on the brief).

Kelly A. Lynch, Deputy Attorney General, argued the cause for intervenor, Attorney General of New Jersey (W. Cary Edwards, Attorney General, attorney, Andrea M. Silkowitz, Deputy Attorney General, of counsel).

Kenneth F. Hense argued the cause for respondent (McGlynn, Reed, Hense & Pecora, attorneys).

Before Judges FURMAN, SHEBELL and STERN.

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

Appeal is brought from the Board of Pharmacy's denial of a permit to Newcomb Sales and Service Corp. (Newcomb) to operate a pharmacy on the ground floor of Newcomb Hospital in Vineland. Both the applicant and the hospital corporation are wholly owned subsidiaries of Newcomb Health Services Corporation.

The decision below was contrary to the advice to respondent board from the Attorney General, who...

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