SILVERMAN v. BOARD OF REGISTRATION IN OPTOMETRY


344 Mass. 129 (1962)

181 N.E.2d 540

HOWARD P. SILVERMAN vs. BOARD OF REGISTRATION IN OPTOMETRY.

Supreme Judicial Court of Massachusetts, Suffolk.

April 9, 1962.


Attorney(s) appearing for the Case

Daniel O. Mahoney, (Robert J. McGee with him,) for the plaintiff.

Herbert E. Tucker, Jr., Assistant Attorney General, for the Board of Registration in Optometry.

James D. St. Clair & Daniel H. Silver, for Massachusetts Society of Optometrists, amicus curiae, submitted a brief.

Present: SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.


SPALDING, J.

The plaintiff seeks in this declaratory proceeding a determination of the validity of a regulation promulgated by the Board of Registration in Optometry. The case is before us on a report, without decision, of a single justice. All of the facts alleged in the plaintiff's bill are admitted by the defendant, and the parties have stipulated that these are "all the material facts from which the rights of the parties are to be determined."

The plaintiff...

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