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MOSS v. KUHWALD

145 A.2d 65 (1958)

Herbert M. MOSS, Elizabeth Phillips and R. Wells Campbell, constituting the Delaware State Board of Examiners in Optometry, and Delaware Optometric Association, a corporation of the State of Delaware, Plaintiffs, v. Edwin P. J. KUHWALD, Defendant.

Court of Chancery of Delaware, New Castle.

October 8, 1958.

Attorney(s) appearing for the Case

J. Donald Craven, Atty. Gen., for individual plaintiffs.

Thomas Herlihy, Jr., and Morris Cohen, Wilmington, for corporate plaintiff.

Henry A. Wise, Jr., Wilmington, for defendant.

MARVEL, Vice Chancellor.

The individual plaintiffs, constituting the members of the Delaware State Board of Examiners in Optometry appointed by the Governor from a list of practicing optometrists submitted by the Delaware Optometric Association, and the corporate plaintiff allege in their joint complaint that defendant in the early months of 1957 "* * * performed activities which constituted the practice of optometry, to-wit the making of a mold of a customer's eye...

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