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MOROFSKY v. UNIV. OF STATE OF N. Y.

17 Misc.2d 707 (1959)

Morris Morofsky et al., on Behalf of Themselves and All Other Persons Certified and Registered Pursuant to Law to Practice Ophthalmic Dispensing in the State of New York Similarly Situated, Plaintiffs, v. University of the State of New York et al., Defendants.

Supreme Court, Special Term, Albany County.

April 30, 1959.

Attorney(s) appearing for the Case

Wiswall, Wood, Olson & Gordon (Carl O. Olson of counsel), for plaintiffs.

Charles A. Brind, Jr., John P. Jehu, Elizabeth H. Eastman and George B. Farrington for defendants.

Morton L. Kinnelman for intervenors.

DONALD S. TAYLOR, J.

This is an action instituted by three registered ophthalmic dispensers in their own behalf and on behalf of all other such licensees similarly situated against the University of the State of New York, the Commissioner of Education and the Board of Regents for a declaratory judgment invalidating section 76 of the regulations of the defendant Commissioner of Education relating to price advertising...

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