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MORDHORST v. EGERT

No. 11264.

223 N.W.2d 501 (1974)

Charles MORDHORST, Plaintiff and Respondent, v. R. W. EGERT et al., Defendants and Respondents, and Austin Battin et al., Defendants, C. A. Kelley et al., Defendants and Appellants.

Supreme Court of South Dakota.

Rehearing Denied January 6, 1975.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler, Foye & Simmons, Rapid City, Stewart, Hatfield, Klass & Whicher, Sioux City, Iowa, for plaintiff and respondent.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and respondent, R. W. Egert.

Blue & Haeder, Huron, for defendant and respondent, D. J. Bregel.

Costello, Porter, Hill, Banks & Nelson, Rapid City, for defendant and respondent, M. A. Grove.

Gunderson, Farrar, Aldrich, Warder, DeMersseman & Wilkins, Rapid City, Austin, Hinderaker & Hackett, Watertown, for defendants and appellants.

ADAMS, Circuit Judge.

This is but another round in the continuing contest that has involved numerous optometrists, the South Dakota Optometric Association, the State Board of Examiners in Optometry and at least two corporations. One of the corporations manufactures and sells optical goods and the other provides prepaid eye-care plans. Only the latter is a party in this lawsuit. Prior events are well described in Kelley v. Duling Enterprises, Inc., 84 S.D. 427,

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