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FLORIDA STATE BOARD OF DISPENSING OPTICIANS v. BAYNE

No. 67-119.

204 So.2d 34 (1967)

FLORIDA STATE BOARD OF DISPENSING OPTICIANS, Theodore S. Budd, As Chairman, and William P. Davis, Kenneth M. Dowdy, Raymond A. Goodwill, and James T. Lynn, Constituting the Board, Appellants, v. John O. BAYNE and Maurice Hoffman, Appellees.

District Court of Appeal of Florida. Second District.

November 8, 1967.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and Robert A. Chastain, Asst. Atty. Gen., Tallahassee, for appellants.

George N. Leader, North Miami, and Milton E. Grusmark and Natalie Baskin, Miami Beach, for appellees.

PIERCE, Judge.

This is an apeal from a final declaratory decree entered by the Hillsborough County Circuit Court adjudicating to be void and invalid a rule and regulation promulgated by the Florida State Board of Dispensing Opticians, created under F.S. Ch. 484, F.S.A.

The Rule in question (Rule 245-1.03) imposes a limitation on the place of optical dispensing, by providing that —

"A Dispensing Optician shall not do Optical Dispensing in any...

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