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MARKS v. FRANTZ

No. 40,892

183 Kan. 47 (1958)

325 P.2d 368

MANUEL M. MARKS, Appellant, v. WAYNE E. FRANTZ, EDWIN C. CATHERS, and J.C. RUST, as members of the KANSAS STATE BOARD OF EXAMINERS IN OPTOMETRY; and WAYNE E. FRANTZ, EDWIN C. CATHERS and J.C. RUST, individually, Appellees.

Supreme Court of Kansas.

Opinion filed May 10, 1958.

Attorney(s) appearing for the Case

T.M. Lillard, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, Jr., E. Gene McKinney and William R. Stewart, all of Topeka, were with him on the briefs for the appellant.

Wendell L. Garlinghouse, of Topeka, argued the cause, and Warren W. Shaw and William Hergenreter, both of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

Plaintiff is an optometrist. His license was revoked by the Kansas State Board of Examiners in Optometry. He brought this action to enjoin the board from enforcing its order of revocation. His petition for an injunction was denied and he has appealed.

For a proper understanding of the over-all issue and questions involved it is necessary that the background of the case be related.

The plaintiff...

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