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ARK. PHARMACIST'S v. ARK. STATE & PUBLIC SCH. LIFE AND HEALTH INS. BD.

No. 02-929.

98 S.W.3d 27 (2003)

ARKANSAS PHARMACIST'S ASSOCIATION, INC., Sunnymede Pharmacy, Inc., Bryant's Investments and Holding, Inc., Sims Drug, Inc., Gary Fancher, P.D., d/b/a Flippin Pharmacy v. ARKANSAS STATE AND PUBLIC SCHOOL LIFE AND HEALTH INSURANCE BOARD, Arkansas Department of Finance and Administration—Employee Benefits Division, and Advance PCS, Inc.

Supreme Court of Arkansas.

February 13, 2003.

Attorney(s) appearing for the Case

The Health Law Firm, by: Harold H. Simpson and Seth Ward III, Little Rock, for appellants.

Barber, McCaskill, Jones & Hale, P.A., by: Robert L. Henry III, Michael Emerson, and D. Keith Fortner, Little Rock; and Steptoe & Johnson, LLP, by: Martin Schneiderman, Washington, D.C.; and Mark Pryor, Att'y Gen., by: Patricia Van Ausdall Bell, Ass't Att'y Gen., Little Rock, for appellees.

TOM GLAZE, Justice.

This case requires us to determine whether certain actions of the Arkansas State and Public School Life and Health Insurance Board constituted rule-making and whether those actions had to be taken in accordance with the Arkansas Administrative Procedures Act, Ark.Code Ann. § 25-15-201 et seq. (Repl.2002).

Appellee State and Public School Life and Health Insurance Board (Board) is a...

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