Legal Opinion · Dissent

Arkansas State Board of Pharmacy v. Patrick

Supreme Court of Arkansas

Decided January 29, 1968No. 5-4350Published

1DissentJohn A. Fogleman, Justice

I concur in the opinion of the majority that, in view of the nature of the offense, the absence of any showing that the violations by appellee constituted a pattern of conduct and the apparent unblemished record of appellee, the punishment imposed by appellant seems unduly harsh and severe. It seems so much so, that I feel we are justified in saying that the penalty imposed shocks the conscience of the court, and, thus, constitutes arbitrary action on the part of the board. The Wisconsin court reached such a conclusion in reviewing the revocation of the licenses of real estate brokers by the…

2Cases cited5 opinions

  1. Lewis Realty, Inc. v. Wisconsin Real Estate Brokers' BoardWisconsin Supreme Court · 1959
  2. Fisher v. BranscumSupreme Court of Arkansas · 1967
  3. Longer v. CarterSupreme Court of Arkansas · 1912
  4. Combs v. Bunn W. Robertson, Inc.Supreme Court of Arkansas · 1942
  5. Ark. State Board of Pharmacy v. Gibson Products Co.Supreme Court of Arkansas · 1965

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