Superx Drugs Corp. v. State Board of Pharmacy

On Rehearing.

O’Hara, J.

The requisite factual background for understanding the issue on rehearing granted by this Court sua sponte may be had in all but 2 particulars by reference to the opinions in Superx Drugs Corporation v. State Board of Pharmacy, 372 Mich 22.

The necessary additions are: First, on February 3, 1964, rehearing on application made by defendant board was denied by an equally divided Court. This left the result reached by former Chief Justice Carr in full force and effect. That result taken from the Carr opinion was, at p 60:

“The writ [of mandamus] will accordingly issue…