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FAILOR'S PHARMACY v. DSHS

No. 61105-0.

125 Wn.2d 488 (1994)

886 P.2d 147

FAILOR'S PHARMACY, Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Petitioner. J & M SERVICE CO., INC., Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Petitioner. SAV-ON DRUGS, INC., Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Petitioner.

The Supreme Court of Washington, En Banc.

December 15, 1994.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, and Mary Jo Diaz, Assistant, for petitioner.

Inslee, Best, Doezie & Ryder, P.S., by Thomas H. Grimm; Law Offices of Everett Holum, by Everett Holum, for respondents.

DOLLIVER, J.

Defendant Department of Social and Health Services (DSHS) seeks a reversal of a superior court decision granting partial summary judgment to Plaintiffs Failor's Pharmacy, J&M Service Company, Inc., and Sav-On Drugs, Inc., and denying Defendant's cross motion for dismissal. Defendant challenges the Superior Court's holding that DSHS changes to Medicaid reimbursement payment schedules for prescription drugs must be adopted by rulemaking pursuant to...

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