Stormans, Inc. v. Selecky, No. 07-36039 - - U.S. Ninth Circuit
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Stormans, Inc. v. Selecky, No. 07-36039

In a First Amendment challenge to rules promulgated by the Washington State Board of Pharmacy requiring pharmacies to deliver lawfully prescribed FDA-approved medications, a preliminary injunction in favor of Plaintiffs is reversed, where the District Court erroneously treated Plaintiffs' as-applied challenge as a facial challenge.

Read Stormans, Inc. v. Selecky, No. 07-36039

Appellate Information

Argued and Submitted July 8, 2008

Filed July 8, 2009

Judges

Opinion by Judge Wardlaw

Concurrence by Judge Clifton

Counsel

For Appellants:

Alan D. Copsey, Assistant Attorney General, Olympia, WA

Rima J. Alaily, Seattle, WA

For Appellees:

Kristen K. Waggoner, Seattle, WA