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ABELSON'S, INC. v. N.J. STATE BOARD OF OPTOMETRISTS

5 N.J. 412 (1950)

75 A.2d 867

ABELSON'S, INC., MONROE SMALLZMAN AND HAROLD P. SELBERT, PLAINTIFFS-APPELLANTS, v. NEW JERSEY STATE BOARD OF OPTOMETRISTS, DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND MONROE B. ALBERT, ET AL., INTERVENING DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 16, 1950.

Attorney(s) appearing for the Case

Mr. William A. Consodine argued the cause for appellants. (Messrs. Crummy & Consodine, attorneys).

Mr. Henry F. Schenk, Deputy Attorney General, argued the cause for the cross-appellant New Jersey State Board of Optometrists (Mr. Theodore D. Parsons, Attorney General, on the brief).

Mr. William K. Miller argued the cause for the intervening defendants-respondents (Messrs. Berman, Neiss & Miller, attorneys).

The opinion of the court was delivered by HEHER, J.

The primary question here is the constitutional sufficiency of certain provisions of the act regulating the practice of optometry, as amended by ch. 350 of the Session Laws of 1948. R.S. 45:12-1 et seq.; P.L. 1948, p. 1401. The proceeding was instituted under the Declaratory Judgments Act. R.S. 2:26-66 et seq. The complaint prays that the

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