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McWHORTER v. STATE BD. OF REGISTRATION, ETC.

SC 2785.

359 So.2d 769 (1978)

Martin W. McWHORTER et al. v. STATE of Alabama BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS on the relation of William J. BAXLEY, as Attorney General of Alabama.

Supreme Court of Alabama.

Rehearing Denied June 9, 1978.

Attorney(s) appearing for the Case

Hobart A. McWhorter, Jr., Birmingham, for appellant, Martin W. McWhorter.

William J. Baxley, Atty. Gen. and Carol J. Smith, Asst. Atty. Gen., for appellee.

Randolph P. Reaves, Montgomery, for amicus curiae, State of Ala. Bd. of Examiners in Psychology.

Robert T. Meadows, III, Montgomery, for amicus curiae State of Ala. Bd. for Registration of Architects.

JONES, Justice.

This case concerns whether use of the term "engineering" in a business trade name, by a party who is not a registered engineer and who employs no registered engineers, is a per se violation of Tit. 46, § 128(1), et seq., Ala.Code (1973 Supp.)1, the statute which regulates the engineering profession in this State. The trial Court held that such inclusion was a per se violation and issued an injunction...

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