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FLORIDA ASS'N OF DISPENS. OPT. v. FLORIDA ST. BD. OF OPT.

No. 39148.

238 So.2d 839 (1970)

FLORIDA ASSOCIATION OF DISPENSING OPTICIANS, a Florida Corporation, Petitioner, v. FLORIDA STATE BOARD OF OPTOMETRY, a Political Subdivision of the State of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied September 21, 1970.

Attorney(s) appearing for the Case

James E. Tribble of Blackwell, Walker & Gray, Miami, for petitioner.

Edw. P. Swan and Charnelle H. Summers, Jr., Miami, for respondent.

Peeples, Smith & Moore, Tallahassee, for Florida Society of Ophthalmology, amicus curiae.

Robert J. Pleus, Jr., and Benjamin F. Smathers, of Andrews, Smathers, Tepper & Pleus, Orlando, for Florida Optometric Assn., Inc., amicus curiae.

M. Joseph Stoutenburgh, of Dawson, Quinn, Riddell, Taylor & Davis, Washington, D.C., for Guild of Prescription Opticians of America, Inc., amicus curiae.

CARLTON, Justice.

Petitioner filed suit for declaratory judgment in Circuit Court, Dade County, seeking determination of the right of opticians to fit and adapt, as well as prepare and dispense, contact lenses under Fla. Stat. § 484, F.S.A. Summary final judgment was adverse to petitioner and an appeal was made to the District Court of Appeal, Third District. In a decision reported at 227 So.2d 736, the District Court affirmed...

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