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APLANALP v. STATE, OREGON BOARD OF OPTOMETRY

535 P.2d 573 (1975)

L. Wesley APLANALP, Appellant, v. The STATE of OREGON, by and through the Oregon BOARD OF OPTOMETRY, Respondent.

Court of Appeals of Oregon.

Decided May 27, 1975.

Attorney(s) appearing for the Case

Mark H. Wagner, Portland, argued the cause for appellant. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Arnold B. Silver, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.

SCHWAB, Chief Judge.

Plaintiff, a licensed Oregon optometrist practicing in Multnomah County, filed a petition for review of actions of the Oregon State Board of Optometry (hereafter called Board). A demurrer to his petition was sustained and he thereupon filed an amended pleading seeking declaratory relief to which a demurrer was also sustained. When he refused to plead further an order of dismissal was entered and it is from this order that he appeals, challenging...

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