BRESLER v. TIETJEN

No. 51781.

424 S.W.2d 65 (1968)

Robert E. BRESLER, O.D., et al., Respondents, v. E. J. TIETJEN, Jr., O.D., et al., as Members of and Constituting the Missouri State Board of Optometry, Appellants.

Supreme Court of Missouri, En Banc.

February 12, 1968.


Attorney(s) appearing for the Case

Charles H. Howard, George A. Rozier, Cullen Coil, Jefferson City, Attys. for respondents. Hendren & Andrae, Carson, Inglish, Monaco & Coil, Jefferson City, of counsel.

Norman H. Anderson, Atty. Gen., John H. Denman, Asst. Atty. Gen., Jefferson City, Attys., for appellants.

Albert E. Schoenbeck, St. Louis, Atty., for amicus curiae.


HOLMAN, Chief Justice.

This suit for a declaratory judgment was instituted by nineteen optometrists against the members of the Missouri State Board of Optometry. They allege that a portion of § 336.110 (all statutory references are to RSMo 1959, V.A.M.S.) is unconstitutional, and that four rules promulgated by the defendants under the rule-making power given them in § 336.160 are invalid. The judgment of the trial court was in favor of plaintiffs and defendants...

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