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STRAUSS v. UNIV. OF STATE OF N. Y.

2 A.D.2d 179 (1956)

Irving Strauss et al., on Behalf of Themselves and All Others in The State of New York Similarly Situated, Appellants, v. University of the State of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 10, 1956.

Attorney(s) appearing for the Case

Frank E. Behrman for appellants.

Charles A. Brind, Jr., John P. Jehu, Elizabeth M. Eastman and George B. Farrington for respondents.

Harold Kohn for New York State Optometric Association, amicus curia.

COON, ZELLER and GIBSON, JJ., concur with BERGAN, J. P.; HALPERN, J., concurs in part, and dissents in part, in an opinion.

BERGAN, J. P.

This is an action by five registered optometrists against the University of the State of New York, the Board of Regents, and the members of the State Board of Examiners in Optometry for a declaratory judgment invalidating a regulation governing the practice of optometry in New York and seeking incidental injunctive relief against the defendants. The case was tried before Judge HEFFERNAN who, as Official...

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