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ABELSON'S v. NEW JERSEY STATE BD. OF OPTOMETRISTS

19 N.J. Super. 408 (1952)

88 A.2d 632

ABELSON'S, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND MONROE SMALLZMAN, PETITIONERS, v. NEW JERSEY STATE BOARD OF OPTOMETRISTS, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 6, 1952.

Attorney(s) appearing for the Case

Mr. William A. Consodine argued the cause for petitioners (Messrs. Crummy & Consodine, attorneys; Mr. John J. Gibbons, on the brief).

Mr. William K. Miller, Special Deputy Attorney-General, argued the cause for respondent (Mr. Theodore D. Parsons, Attorney-General; Mr. Henry F. Schenk, Deputy Attorney-General).

Mr. Louis Adler argued the cause for intervenor (Messrs. Adler & Adler, attorneys; Mr. Joseph Moritz, on the brief and of counsel).

Before Judges McGEEHAN, JAYNE, and GOLDMANN.

The opinion of the court was delivered by JAYNE, J.A.D.

In pursuance of Rule 3:81-10 the plaintiffs seek by the presentation of their petition a declaratory judgment concerning the validity of certain administrative regulations promulgated by the New Jersey State Board of Optometrists and filed on March 27, 1951, with the Secretary of State. R.S. 45:12-4.

The discretion of the Legislature relative to the regulation of the profession of optometry...

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