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UNITED PHARMACAL CO. v. BD. OF PHARMACY

No. SC 86104.

159 S.W.3d 361 (2005)

UNITED PHARMACAL COMPANY OF MISSOURI INC., Respondent, v. MISSOURI BOARD OF PHARMACY, Appellant.

Supreme Court of Missouri, En Banc.

April 5, 2005.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Daryl R. Hylton, Asst. Atty. Gen., Jefferson City, MO, for Appellant.

R. Todd Ehlert, R. Dan Boulware, Sharon Kennedy, St. Joseph, MO, for Respondent.

WILLIAM RAY PRICE, JR., Judge.

United Pharmacal Company of Missouri brought suit in Buchanan County for declaratory judgment against the Missouri Board of Pharmacy claiming jurisdiction under section 536.050, RSMo 2000,1 which allows suit to be brought in the county where plaintiff resides if the suit concerns an administrative rule. The trial court granted summary judgment on the merits for Pharmacal. After opinion by the court of appeals...

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