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MELTON v. EZELL

18701

250 S.C. 183 (1967)

156 S.E.2d 871

C. D. MELTON, Jr., J. Dan Gosnell, E.W. Ligon, N.A. Ridgeway, Sr., Henry Cohen, Harold W. Minton, Harry Simon, J. Hugh Jackson, Mabry Vannerson and M.L. Whaley, on behalf of themselves and all others similarly situated, Appellants, v. W.C. EZELL, C.C. Johnson, Ned P. Hobbs, Luther B. Elmgren and Henry V. Sawyer, constituting The South Carolina Board of Examiners in Optometry, Respondents.

Supreme Court of South Carolina.

September 7, 1967.

Attorney(s) appearing for the Case

E. Windell McCrackin, Esq., of Myrtle Beach, for Appellants.

Messrs. McLain, Sherrill & Wilkins, of Columbia, and Lyles & Lyles, of Spartanburg, for Respondents.

Messrs. Vandiver, Barwick & Bentley and M. Cook Barwick, of Atlanta, Georgia, for Guild of Prescription Opticians of America, Inc., as Amicus Curiae.

September 7, 1967.

BRAILSFORD, Justice.

This action for declaratory judgment was brought by plaintiffs, who are licensed opticians in this State, against the members of The South Carolina Board of Examiners in Optometry. According to the complaint, the declaration sought by plaintiffs is that, as opticians, they may lawfully fill prescriptions for contact lens and use the keratometer 1

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