STATE, EX REL., v. DOOLIN & SHAW

No. 46,218

209 Kan. 244 (1972)

497 P.2d 138

THE STATE OF KANSAS, on the Relation of ROBERT C. LONDERHOLM, Successor in Office to WILLIAM M. FERGUSON, Attorney General of The State of Kansas, and KEITH SANBORN, County Attorney of Sedgwick County, Kansas; and BOARD OF EXAMINERS IN OPTOMETRY FOR THE STATE OF KANSAS, Appellants, v. CHARLES E. DOOLIN and LOREN B. SHAW, Doing Business as DOOLIN-SHAW OPTICAL DISPENSERS, and GEORGE S. WALLACE, Appellees, THE KANSAS MEDICAL SOCIETY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 6, 1972.


Attorney(s) appearing for the Case

Glenn J. Shanahan, Special Assistant Attorney General, of Wichita, argued the cause, and Wendell L. Garlinghouse, Special Assistant Attorney General, of Topeka, was with him on the brief for the appellants.

Joseph W. Kennedy, of Morris, Laing, Evans & Brock, Chartered, of Wichita, argued the cause and was on the brief for the appellees.


The opinion of the court was delivered by

OWSLEY, J.:

This is an action brought by the State of Kansas and the Board of Examiners in Optometry against Charles E. Doolin and Loren B. Shaw doing business as Doolin-Shaw Optical Dispensers and George S. Wallace, their employee, seeking a permanent injunction and ouster on account of defendants' fitting contact lenses under direction of licensed physicians, which was alleged to be violative of the optometry law...

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