Hyer v. McRee

Goolsby, Judge:

Paul Hyer, who operates Hyer Drug Store in the Lynnhurst Shopping Center in North Augusta, brought this action to enjoin other tenants of the shopping center, J. Browning McRee, M.D., Wayne R. Yost, M.D., and Family Practice Associates (hereafter the “physicians”), from selling prescription drugs. The special referee granted the injunction and taxed costs to the physicians. The physicians appeal. We reverse.

The physicians’ appeal raises the issue of whether the sale by them of prescription drugs to their patients constitutes the operation of a “drug store and pharmacy” within…