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OSTLER v. NICKEL

No. 44,315

196 Kan. 477 (1966)

413 P.2d 303

DR. ROBERT D. OSTLER, Appellee, v. B.A. NICKEL, R.D. WEAVERLING and J.C. RUST, constituting the Board of Examiners in Optometry of the State of Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed April 9, 1966.

Attorney(s) appearing for the Case

Wendell L. Garlinghouse, of Topeka, argued the cause and was on the brief for the appellant.

Arthur E. Palmer, of Topeka, argued the cause, and Lester M. Goodell, Marlin S. Casey, Ernest J. Rice, Murray F. Hardesty, Glenn D. Cogswell, Gerald L. Goodell, Wayne T. Stratton, Robert E. Edmonds, Thomas E. Wright, and Roger R. Viets, all of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

On September 19, 1964, the State Board of Examiners in Optometry (hereafter referred to as the board) issued an order forfeiting the certificate of registration and license to practice optometry of Dr. Robert D. Ostler (hereafter referred to as plaintiff), for alleged violation of the provisions of K.S.A. 65-1503.

On October 5, 1964, plaintiff filed a notice of appeal from that order to the district...

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