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KENNEDY v. KENTUCKY BD. OF PHARMACY

No. 89-CA-2514-S.

799 S.W.2d 58 (1990)

John KENNEDY, Individually, and John Kennedy, on Behalf of Red Bird Hospital Pharmacy, Appellants, v. KENTUCKY BOARD OF PHARMACY, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court December 19, 1990.

Attorney(s) appearing for the Case

Gary H. Gregory, Manchester, Elmer Heist, Heist & Little, Burkesville, for appellants.

Frederic J. Cowan, Atty. Gen., Richard C. Carroll, Asst. Atty. Gen., Frankfort, for appellee.

Before GUDGEL, LESTER and McDONALD, JJ.

McDONALD, Judge.

John Kennedy appealed from the judgment of the Clay Circuit Court which affirmed the decision of the appellee, Kentucky Board of Pharmacy, to suspend his license for one year and which imposed a $4,000 fine. The board found that Kennedy, a licensed pharmacist, violated KRS 315.036(1) and 315.036(2), and engaged in unethical conduct as contemplated by KRS 315.121(1)(f). We agree with Kennedy that the board erred as a matter of law, necessitating reversal...

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