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DELAWARE OPTOMETRIC CORPORATION v. SHERWOOD

128 A.2d 812 (1957)

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

Supreme Court of Delaware.

January 23, 1957.

Attorney(s) appearing for the Case

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

H. James Conaway, Jr., Wilmington, for Paul W. Sherwood and Ruth Sherwood, appellees.

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

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

This appeal presents the basic question of whether or not licensed optometrists may enjoin the practice of optometry by unlicensed persons. The Vice Chancellor on the motion of the defendants dismissed the complaint at the close of the plaintiffs' proof and from that judgment the plaintiffs have appealed.

The plaintiffs are a corporation containing as its members twenty-four out of a total of twenty...

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