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KELLEY v. BOARD OF REGISTRATION IN OPTOMETRY

351 Mass. 187 (1966)

218 N.E.2d 130

ARTHUR S. KELLEY & others vs. BOARD OF REGISTRATION IN OPTOMETRY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 20, 1966.

Attorney(s) appearing for the Case

David Berman, Assistant Attorney General, for the Board of Registration in Optometry (James D. St. Clair, for the Massachusetts Society of Optometrists, amicus curiae, with him).

Joseph G. Crane for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, & REARDON, JJ.

REARDON, J.

The plaintiffs seek a declaratory decree under G.L.c. 231A. The defendant filed a plea in bar which was dismissed in an interlocutory decree. The defendant, having been given leave to file a demurrer, did so. The demurrer was overruled by a second interlocutory decree, whereupon the defendant filed an answer. Subsequent to trial a final decree was entered for the plaintiffs with a report of material facts and rulings of law. The case is here on appeals...

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