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D. S. KRESGE CO. v. OTTINGER

29 F.2d 762 (1928)

D. S. KRESGE CO. v. OTTINGER, Atty. Gen., et al. ROSCHEN v. SAME.

District Court, S. D. New York.

December 8, 1928.

Attorney(s) appearing for the Case

I. Maurice Wormser and W. N. Seligsberg, both of New York City, for complainants.

Albert Ottinger, Atty. Gen. (Henry S. Manley, of Falconer, N. Y., of counsel), for defendants.

Before AUGUSTUS N. HAND, Circuit Judge, and KNOX and FRANK J. COLEMAN, District Judges.

AUGUSTUS N. HAND, Circuit Judge.

The above suits are brought by dealers in eyeglasses to enjoin the enforcement of chapter 379 of the Laws of 1928, amending the Education Law (Consol. Laws, c. 16), so that two of its sections read as follows:

"Sec. 1432-a. Sales of Eyeglasses, Spectacles and Lenses at Retail. It shall be unlawful for any person, firm or corporation to sell, at retail, as merchandise, in any store or established place of business in...

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