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LOUISIANA STATE BD. OF OPTOM. EXAM v. PEARLE OPTICAL

No. 1463.

177 So.2d 164 (1965)

LOUISIANA STATE BOARD OF OPTOMETRY EXAMINERS, Plaintiff and Appellant, Appellee, v. PEARLE OPTICAL OF ALEXANDRIA, INC., et al., Defendants and Appellees, Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearings Denied July 26, 1965.

Writ Granted October 21, 1965.

Attorney(s) appearing for the Case

Racivitch, Johnson, Wegmann & Mouledoux, by William J. Wegmann, New Orleans, and Vincent Hazleton, Alexandria, for plaintiffs-appellants-appellees.

Gravel, Sheffield & D'Angelo, by A. M. D'Angelo, Alexandria, for defendant-appellee.

Kavanaugh & Bell by Joseph H. Kavanaugh, Baton Rouge, for defendant-appellee-appellant.

Rocker, Kahn, Kleinman, Yanowitz & Annan, by Richard J. McGraw, Cleveland, Ohio, Wilson, Branch, Barwick & Vandiver, by M. Cook Barwick and Alexander E. Wilson, III, Atlanta, Ga., Jones, Kimball, Harper, Tete & Wetherill, by William R. Tete, Lake Charles, Kizer, Heaton, Craig & Cangelosi, by Wade H. Heaton, Baton Rouge, Richard A. Billups, Jr., Jackson, Miss., amicus curiae.

Before TATE, SAVOY and HOOD, Judges.

HOOD, Judge.

The plaintiff in this action, Louisiana State Board of Optometry Examiners seeks to enjoin the defendants, Pearle Optical of Alexandria, Inc., and Dr. Joseph W. Kelly, from performing certain acts which are alleged to be in violation of the Louisiana Optometry Regulatory Act (LSA-R.S. 37:1041 et seq.). After trial, judgment was rendered by the trial court granting plaintiff a part of the relief which it sought as to the defendant, Pearle Optical, but...

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