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MORR-FITZ, INC. v. BLAGOJEVICH

No. 4-05-1050.

867 N.E.2d 1164 (2007)

371 Ill. App.3d 1175

MORR-FITZ, INC., an Illinois Corporation d/b/a Fitzgerald Pharmacy, Licensed and Practicing in the State of Illinois as a Pharmacy; L. Doyle, Inc., an Illinois Corporation d/b/a Eggelston Pharmacy, Licensed and Practicing in the State of Illinois as a Pharmacy; Kosirog Pharmacy, Inc., an Illinois Corporation d/b/a Kosirog Rexall Pharmacy, Licensed and Practicing in the State of Illinois as a Pharmacy; Luke Vander Bleek; and Glenn Kosirog, Plaintiffs-Appellants, v. Rod R. BLAGOJEVICH, Governor, State of Illinois; Fernando E. Grillo, Secretary, Illinois Department of Financial and Professional Regulations; Daniel E. Bluthardt, Acting Director, Division of Professional Regulations; and the Members of the State Board of Pharmacy, in their Official Capacities, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

March 19, 2007.

Justice KNECHT delivered the opinion of the court:

In October 2005, plaintiffs, two individual pharmacists and three Illinois corporations that own and operate pharmacies in Illinois, filed their first amended complaint seeking injunctive and declaratory relief against defendants, Governor Rod Blagojevich, Secretary Fernando Grillo of the Illinois Department of Financial and Professional Regulations, Acting Director Daniel...

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