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HOOK'S-SUPERX, INC. v. McLAUGHLIN

No. 50A03-9302-CV-00036.

632 N.E.2d 365 (1994)

HOOK's-SUPERX, INC., Kathy O'Dell and Craig Merrick, Appellants-Defendants below, v. Patrick D. McLaughlin, and Michelle McLaughlin, for Themselves and As Parents, Natural Guardians, and Next Friends of Patrick Michael McLaughlin and Alicia Rose McLaughlin, Minors, Appellees-Plaintiffs below.

Court of Appeals of Indiana, Third District.

January 20, 1994.

Attorney(s) appearing for the Case

John C. Hamilton, Doran, Blackmond, Ready, Hamilton & Williams, South Bend, Attorneys for Hooks-SuperX, Inc., and Kathy O'Dell.

Robert J. Konopa, Konopa & Murphy, P.C., South Bend, for Craig Merrick.

Anthony DeBonis, Jr., Smith & DeBonis, East Chicago, for appellees.

STATON, Judge.

Pursuant to Ind. Appellate Rule 4(B)(6), Hook's SuperX, Inc. and two of its pharmacists (hereinafter collectively referred to as "the Pharmacy") appeal the denial of their motion for summary judgment. Although the Pharmacy presents two issues for our review, we conclude that the following is dispositive: whether the Pharmacy owed a duty to the plaintiffs to refuse to fill prescriptions under the facts of...

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