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STATE v. SEARS, ROEBUCK & CO.

No. 8026.

102 Ariz. 175 (1967)

427 P.2d 126

The STATE of Arizona ex rel. BOARD OF OPTOMETRY, Appellant, v. SEARS, ROEBUCK & CO., a corporation, and C.G. Clare, Appellees.

Supreme Court of Arizona, In Division.

May 3, 1967.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Jerry W. Lawson, Asst. Atty. Gen., John E. Madden, Sp. Asst. Atty. Gen., Phoenix; John S. Schaper, Sp. Asst. Atty. Gen., Phoenix, for appellant.

Evans, Kitchel & Jenckes, Newman R. Porter, Phoenix, for appellee Sears, Roebuck & Co.

Lewis Roca Scoville Beauchamp & Linton, Walter Cheifetz, Phoenix, for appellee C.G. Clare.

BERNSTEIN, Chief Justice.

This is an appeal from a decision of the Superior Court of Maricopa County, denying a preliminary injunction.

The appellant, herein referred to as Board, sought to enjoin the appellee, herein referred to as Sears, from engaging in the unlawful practice of optometry under the authority of A.R.S. § 32-1758.

The trial court after hearing evidence offered by the Board sustained a motion by Sears denying the injunction, and...

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