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DELAWARE OPTOMETRIC ASSOCIATION v. SHERWOOD

122 A.2d 424 (1956)

DELAWARE OPTOMETRIC ASSOCIATION, a corporation of the State of Delaware, and William W. McCoy, Alfred J. Majeski and Harold I. Moss, Plaintiffs, v. Paul W. SHERWOOD and Ruth Sherwood, trading as Cavalier & Co., and Edwin P. J. Kuhwald, Defendants.

Court of Chancery of Delaware, New Castle County.

April 27, 1956.

Attorney(s) appearing for the Case

Thomas Herlihy, Jr., and Morris Cohen, Wilmington, for plaintiffs.

H. James Conaway, Jr., Wilmington, for defendants, Paul W. Sherwood and Ruth Sherwood, trading as Cavalier & Co.

Henry A. Wise, Jr., and Thomas J. Healy, Jr., Wilmington, for defendant, Edwin P. J. Kuhwald.

MARVEL, Vice Chancellor.

Plaintiffs seek a permanent injunction against those activities of defendants which have to do with the fitting of contact lenses to the human eye. They contend that defendants are practicing1 optometry as that profession or occupation is defined in Chapter 21 of Title 24, Del.C.2 Plaintiffs concede that § 2117 of Title 24 permits defendants to fill prescriptions for conventional...

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