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STONE v. HARRIS

6 Wis.2d 634 (1959)

STONE, Respondent, v. HARRIS and others (WISCONSIN BOARD OF EXAMINERS IN OPTOMETRY), Appellants.

Supreme Court of Wisconsin.

April 7, 1959.

Attorney(s) appearing for the Case

For the appellants there was a brief by the Attorney General and Warren H. Resh, assistant attorney general, and oral argument by Mr. Resh.

For the respondent there was a brief by Wiernick & Zurlo of Milwaukee, and oral argument by Dominick D. Zurlo.

A brief was filed by Hoffman, Cannon, McLaughlin & Herbon, attorneys, and Ellis R. Herbon and Gordon P. Ralph of counsel, all of Milwaukee, as amici curiae.

BROADFOOT, J.

The petitioner does not challenge the provisions of ch. 153, Stats., providing for the appointment of the Board of Examiners and the regulation of the practice of optometry in Wisconsin. Nor does the petitioner dispute the fact that he violated the above subsections of sec. Opt 9.08, 4 Wis. Adm. Code. The sole issue to be determined is whether or not the board had authority by law to promulgate said rules.

The board points to the following sections...

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