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STATE EX REL. BOARD OF EXAMINERS IN OPTOMETRY v. LAWTON

No. 45380.

523 P.2d 1064 (1974)

The STATE of Oklahoma ex rel. the BOARD OF EXAMINERS IN OPTOMETRY, a board composed of Dr. Kenneth Mathis, President, et al., Appellants, v. John G. LAWTON, Appellee.

Supreme Court of Oklahoma.

June 11, 1974.

Attorney(s) appearing for the Case

James L. Barrett, Oklahoma City, John C. Monk, Arlington, Va., Donald E. Marrs, Frankfort, Ky., Dallas C. Barnett and Jerry Mash, Oklahoma City by James L. Barrett, Bill D. McCarthy, Legal Intern, Oklahoma City, Larry Derryberry, Atty. Gen., by Larry French, Asst. Atty. Gen., for appellants.

Miskovsky, Sullivan & Miskovsky by Robert B. Smith, Oklahoma City, for appellee.

HODGES, Justice.

An action for declaratory judgment and injunction was filed by John G. Lawton, O.D. (Lawton), alleging that the appellants (Board) were about to take action against him for the obvious violation of 59 O.S. 1971, § 594.

In 1971, the legislature passed a bill which pertained to the practice of optometry in the State of Oklahoma. Section two of the bill was codified as 59 O.S. 1971, § 594. It provides:

"No optometrist, licensed...

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