Legal Opinion

Terry v. California State Board of Pharmacy

District Court, N.D. California

Decided May 12, 1975No. C-74-1091 RFP (SJ)PublishedCited by 13 opinions

1Opinion of the Court

OPINION

PECKHAM, District Judge.

Plaintiffs and plaintiffs in intervention seek declarations of unconstitutionality and permanent injunctions against the enforcement of California Business and Professions Code Sections 651, 651.3 and 652.5 insofar as they prohibit media advertising of the retail price of prescription drugs.

The cause of action arises under 42 U.S.C. Section 1983, with jurisdiction conferred upon this court by 28 U.S.C. Section 1343(3). Since a permanent injunction is sought against the enforcement of these state statutes, a three-judge court has been convened pursuant to 28…

2Cases cited55 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Connally v. General Construction Co.Supreme Court of the United States · 1926
  3. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  4. Procunier v. MartinezSupreme Court of the United States · 1974
  5. Steffel v. ThompsonSupreme Court of the United States · 1974

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3Cited by13 opinions

  1. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  2. In re KofflerNew York Court of Appeals · 1980
  3. Consumers Union of United States, Inc. v. American Bar Ass'nDistrict Court, E.D. Virginia · 1976
  4. Coldwell Banker Residential Real Estate Services, Inc. v. Missouri Real Estate CommissionSupreme Court of Missouri · 1986
  5. Board of Medical Examiners v. Terminal-Hudson Electronics, Inc.California Court of Appeal · 1977

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