THOMAS v. McCRERY

No. 9815.

147 So.2d 467 (1962)

Herbert P. THOMAS, Plaintiff-Appellant, v. James O. McCRERY, Jr., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 2, 1963.


Attorney(s) appearing for the Case

James C. Terrell, Jr., Leesville, and Peters, Tuck & Ward, Shreveport, for appellant.

Wood & Jackson, Leesville, for appellee.

Before HARDY, AYRES and BOLIN, JJ.


BOLIN, Judge.

Herbert P. Thomas sought an injunction prohibiting defendant, James O. McCrery, Jr., from practicing optometry in Sabine and Vernon Parishes, Louisiana, and a rule to show cause issued. Exception of no right of action was sustained, the rule to show cause was recalled and from dismissal of his suit plaintiff has appealed.

The facts developed on the trial of the exception are not in controversy.

On February 12, 1960, defendant, a practicing...

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