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MOSS v. KUHWALD

No. 59.

151 A.2d 516 (1959)

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

Supreme Court of Delaware.

May 1, 1959.

Attorney(s) appearing for the Case

Max S. Bell, Jr., Deputy Atty. Gen., for appellants.

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

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

WOLCOTT, Justice.

This is an appeal from a judgment of the Vice-Chancellor dismissing the complaint below. The complaint was filed by the Delaware Optometric Association, a non-profit corporation, the members of which are some, but not all, of the licensed optometrists of Delaware, and three optometrists who constitute the Delaware State Board of Examiners in Optometry created by 24 Del.C. § 2102, seeking to enjoin the defendant, not licensed as an optometrist...

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