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FIELDS v. DISTRICT OF COLUMBIA

No. 21185.

404 F.2d 1323 (1968)

Norman FIELDS, Petitioner, v. DISTRICT OF COLUMBIA, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided February 2, 1968.

Attorney(s) appearing for the Case

Mr. George Greenberg, Washington, D. C., was on the petition for petitioner.

Messrs. Charles T. Duncan, Corporation Counsel for the District of Columbia, Hubert B. Pair, Principal Asst. Corporation Counsel, and Richard W. Barton and John R. Hess, Asst. Corporation Counsel, were on the opposition to the petition for respondent.

Mr. Warren E. Magee, Washington, D. C., filed a memorandum on behalf of the Medical Society of the District of Columbia as amicus curiae in support of petition for reconsideration.

Mr. Robert W. Burton, Washington, D. C., filed memoranda on behalf of Contact Lens Society of America, Inc. and Guild of Prescription Opticians of Washington, D. C., Inc., as amici curiae in support of petition for reconsideration.

Mr. M. Joseph Stoutenburgh, Washington, D. C., filed a memorandum on behalf of the Guild of Prescription Opticians of America, Inc., as amicus curiae in support of petition for reconsideration.

Before DANAHER, LEVENTHAL and ROBINSON, Circuit Judges.

PER CURIAM:

This is a petition for allowance of an appeal from the District of Columbia Court of Appeals. The District of Columbia Court of General Sessions found that petitioner, an optician, had practiced optometry without a license1 by his unsupervised fitting of contact lenses. Since this was obviously prosecuted as a test case, no sentence was imposed on petitioner; imposition of sentence was suspended upon his giving of personal...

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