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TEXAS STATE BOARD OF EXAMINERS IN OPTOMETRY v. CARP

No. A-11478.

412 S.W.2d 307 (1967)

TEXAS STATE BOARD OF EXAMINERS IN OPTOMETRY et al., Petitioners, v. Ellis CARP et al., Respondents.

Supreme Court of Texas.

February 8, 1967.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Hawthorne Phillips and John Reeves, Asst. Attys. Gen., Will Garwood and Tom Gee, Sp. Asst. Attys. Gen., Niemann & Babb, Charles N. Babb, Austin, Strasburger, Price, Kelton, Miller & Martin, Mark Martin, Dallas, for petitioners.

Price Daniel, Austin, Douglas E. Bergman, Dallas, Keith, Mehaffy & Weber, Quentin Keith, Beaumont, for respondents.

POPE, Justice.

Doctors Ellis Carp, S. J. Rogers, and N. Jay Rogers sued The Texas State Board of Examiners in Optometry and sought a declaratory judgment that the Professional Responsibility Rule adopted on December 21, 1959 by the Board was void. They also asked for a permanent injunction against the Board's enforcement of the rule. The trial court denied the relief prayed for and sustained the validity of the rule. The court of civil appeals held that although there...

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