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HARCO DRUGS, INC. v. HOLLOWAY

1930981.

669 So.2d 878 (1995)

HARCO DRUGS, INC. v. Malvina M. HOLLOWAY and Joaquin M. Holloway, Jr.

Supreme Court of Alabama.

October 27, 1995.

Attorney(s) appearing for the Case

Mark A. Newell and Susan Gunnells Smith of Janecky, Newell, Potts, Hare & Wells, P.C., Mobile, for Appellant.

Davis Carr, James W. Lampkin II and W. Pemble DeLashmet of Pierce, Carr & Alford, P.C., Mobile, for Appellees.

Matthew C. McDonald and A. Lynne Wiggins of Miller, Hamilton, Snider & Odom, L.L.C., Mobile, for amicus curiae on application for rehearing Alabama Retailers Ass'n.

Jay F. Guin and Bruce P. Ely of Tanner & Guin, P.C., Tuscaloosa, for amicus curiae on application for rehearing Business Council of Alabama.

Peter J. Kadzik, Margaret Feinstein, Bridget O'Connor and Douglas M. Chapin, Jr. of Dickstein, Shapiro & Marin, L.L.P., Washington, D.C., for amicus curiae on application for rehearing Nat. Ass'n of Chain Drug Stores, Inc.

On Application for Rehearing

PER CURIAM.

The opinion of August 11, 1995, is withdrawn and the following is substituted therefor.

The defendant, Harco Drug Company ("Harco"), appeals from a judgment entered on a $255,000 jury verdict for the plaintiffs, Malvina and Joaquin Holloway. The Holloways alleged that one of Harco's pharmacists had negligently or wantonly misfilled Ms. Holloway's prescription. The Holloways' complaint also alleged that...

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