WINOGRAD v. JOHNSON

No. 75-284.

561 P.2d 1274 (1976)

Lawrence A. WINOGRAD et al., Plaintiffs-Appellants, v. C. E. JOHNSON, and all persons similarly situated, Defendants-Appellees, and State Board of Optometric Examiners, Intervenor, and Colorado Vision Services, Inc., Intervenor.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 3, 1977.


Attorney(s) appearing for the Case

Hobbs & Waldbaum, P.C., Larry F. Hobbs, Leonard N. Waldbaum, Denver, for plaintiffs-appellants.

Rovira, DeMuth & Eiberger, Carl F. Eiberger, Russell P. Rowe, Denver, for defendant-appellee C. E. Johnson.

Peterson & Fonda, P.C., Thomas T. Farley, Pueblo, for defendant-appellee Dr. James F. Georgis.

Williams, Turner & Holmes, Anthony W. Williams, Grand Junction, for defendants-appellees Hurst F. Otto, H. J. Kendrick, and Terry H. Musgrave.

Lutz & Gilbert, Harold D. Lutz, Arvada, for intervenor Colorado Vision Services, Inc.

No appearance for intervenor State Board of Optometric Examiners.


STERNBERG, Judge.

Plaintiffs, who are physicians and surgeons licensed to practice medicine specializing in ophthalmology, brought this action for injunctive and declaratory relief against the defendants, who are optometrists. The ophthalmologists contend that the optometrists engaged in two practices solely within the purview of the practice of medicine: (1) Holding themselves out as being able to diagnose the disease glaucoma; and (2) dispensing a soft contact lens...

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