ATTORNEY GENERAL v. KENCO OPTICS, INC.


369 Mass. 412 (1976)

340 N.E.2d 868

ATTORNEY GENERAL vs. KENCO OPTICS, INC. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 2, 1976.


Attorney(s) appearing for the Case

Howard Whitehead, Assistant Attorney General, for the plaintiff.

Jeffrey J. Binder for the defendants.

Present: TAURO, C.J., QUIRICO, BRAUCHER, HENNESSEY, & KAPLAN, JJ.


BRAUCHER, J.

By this action for declaratory and injunctive relief, the Attorney General presents the question whether a licensed dispensing optician may continue to fit contact lenses to the human eye. Like the trial judge, we hold that until the Legislature speaks further the practice is not illegal. The action should not have been dismissed, however; we order a new judgment declaring the rights of the parties.

The Attorney General brought the action in the...

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