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MEDCENTER ONE v. N.D. STATE BD. OF PHARM.

Civil No. 960299.

561 N.W.2d 634 (1997)

1997 ND 54

MEDCENTER ONE, INC., Plaintiff, Appellee and Cross-Appellant, v. NORTH DAKOTA STATE BOARD OF PHARMACY, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

April 1, 1997.

Attorney(s) appearing for the Case

Timothy D. Lervick (argued), of Rolfson Schulz Lervick & Geiermann Law Offices, P.C., Bismarck, for plaintiff, appellee, and cross-appellant.

David A. Lindell (argued), Special Assistant Attorney General, and William F. Lindell (appearance), Washburn, for defendant, appellant, and cross-appellee.

MESCHKE, Justice.

[¶ 1] The North Dakota State Board of Pharmacy appealed a summary judgment declaring a pharmacy owned by Medcenter One, Inc., exempt from the pharmacist-ownership requirements of NDCC 43-15-35(5). Medcenter cross-appealed from the trial court's refusal to award Medcenter attorneys' fees under NDCC 28-32-21.1. We hold Medcenter's failure to exhaust administrative remedies does not preclude this declaratory judgment construing the unambiguous...

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