UPJOHN COMPANY, Petitioner,
v.
LINDA STOCKDALE BREWER, as Director, etc., et al., Respondents.
Court of Appeals of California, Third District.https://leagle.com/images/logo.png
November 16, 1990.
November 16, 1990.
Attorney(s) appearing for the Case
COUNSEL
McDonough, Holland & Allen, Richard M. Ross and Parker, Milliken, Clark, O'Hara & Samuelian for Petitioner.
John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Richard M. Frank and Shelley Mydans, Deputy Attorneys General, John D. Smith and Barbara Eckard for Respondents.
Court of Appeals of California, Third District.
OPINION
PUGLIA, P.J.
(1a) Petitioner Upjohn Company (plaintiff) seeks a writ of mandate compelling the respondents, Office of Administrative Law and Department of Finance (defendants), to add to the Medi-Cal Drug Formulary (formulary) a prescription drug marketed by plaintiff. Plaintiff claims defendants have a mandatory duty pursuant to Welfare and Institutions Code section 14105.9 to add such drug to the formulary....
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