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KELLEY v. DULING ENTERPRISES, INC.

No. 10561.

172 N.W.2d 727 (1969)

C. A. KELLEY, Donald P. Hines and Austin W. Battin, constituting the Board of Examiners in Optometry in and for the State of South Dakota, Plaintiffs and Respondents, v. DULING ENTERPRISES, INC., an Iowa Corporation, Duling Optical Co. of South Dakota, an Iowa Corporation, Edward W. Duling, Melvin Koenig, Dean Posner, Robert Knudtson, Darrell Hoeg, Henry Horst, d/b/a Horst Sign Company, Areawide Communications, Inc., owners and operators or Radio Station WNAX, Defendants, and of which Duling Enterprises, Inc., Duling Optical Co. of South Dakota, Dean Posner, Robert Knudtson, and Darrell Hoeg are Appellants.

Supreme Court of South Dakota.

Rehearing Denied January 12, 1970.

Attorney(s) appearing for the Case

Mead Bailey, Sioux Falls, for defendants and appellants; T. M. Whicher, Sioux City, Iowa, Bangs, McCullen, Butler & Foye, Rapid City, of counsel.

Alan L. Austin, Watertown, for plaintiffs and respondents.

BURNS, Circuit Judge.

The plaintiffs, constituting the South Dakota Board of Examiners in Optometry, brought this action seeking by the first cause of action alleged in the complaint to enjoin defendants from conduct allegedly in violation of SDC 1960 Supp. 54.0609 entitled "Ophthalmic appliances: unlawful advertising; exceptions". Compare SDCL 1967, 34-15-3, the body of which is the same but which is entitled "Fraudulent advertising or sale of spectacles as misdemeanor...

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