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RANDOL MILL PHARMACY v. MILLER

No. 02-12-00519-CV.

413 S.W.3d 844 (2013)

RANDOL MILL PHARMACY; KVG Enterprises, Inc.; Gary G. Daley; John Wayne Bailey; James Robert Forsythe; Kevin Lynn Heide; Julie Knowlton Lubbert; and Cara Morrell, Appellants v. Stacey MILLER and Randy Miller, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing and Rehearing En Banc Overruled November 7, 2013.

Attorney(s) appearing for the Case

Erin E. Lunceford , Michelle Quattlebaum, Sprott, Rigby, Newsom, Robbins & Lunceford, P.C., Houston, for Appellants.

Michael W. Minton , The Law Offices of Michael W. Minton, P.L.L.C., Fort Worth, Greg Fitzgerald , Law Offices of Greg Fitzgerald, Bedford, for Appellees.

PANEL: LIVINGSTON, C.J.; GARDNER and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

The primary issue we address in this appeal is whether a pharmacist's act—of filling a bulk phone order placed by a doctor for over twenty 30-milliliter vials of an injectable form of the antioxidant supplement lipoic acid for use in the doctor's office—constitutes dispensing a prescription medicine as required for the pharmacist to qualify as a health care provider under the Texas Medical...

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