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MARKS v. FRANTZ

No. 39,823

179 Kan. 638 (1956)

298 P.2d 316

DR. MANUEL M. MARKS, Appellant, v. DR. WAYNE E. FRANTZ, DR. J.C. RUST, DR. EDWIN C. CATHERS, individually and as members of the Kansas State Board of Examiners in Optometry and WENDELL D. WALDIE, DEAN L. BABB and WARNER MOORE, Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

W.A. Kahrs, of Wichita, argued the cause, and Robert H. Nelson, Wilbur D. Geeding, and Julian H. Zimmerman, all of Wichita, were with him on the briefs for the appellant.

Wendell L. Garlinghouse, of Topeka, argued the cause, and Dale M. Bryant, and Glenn J. Shanahan, both of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

This was an action in which the plaintiff sought a determination that G.S. 1949, Ch. 74, Art. 15, creating the board of examiners in optometry and G.S. 1949, Ch. 65, Art. 15, providing for the examination and registration of optometrists, with amendments thereto, be declared unconstitutional and void and that pending a determination the defendants be restrained from proceeding with a hearing by the board...

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