ALABAMA BD. OF OPTOMETRY v. EAGERTON

79-420.

393 So.2d 1373 (1981)

The ALABAMA BOARD OF OPTOMETRY, Edgar M. Warr, James Chernau, Willard Smith and George R. Carlton, Individually and in their capacities as members of The Board of Optometry v. Ralph P. EAGERTON, Jr., in his capacity as the Commissioner of Revenue of the State of Alabama.

Supreme Court of Alabama.

February 6, 1981.


Attorney(s) appearing for the Case

Alton Turner, Luverne and Robert D. Segall of Copeland, Franco, Screws & Gill, Montgomery, for appellants.

Charles A. Graddick, Atty. Gen., Herbert I. Burson, Jr. and B. Frank Loeb, Counsel, Dept. of Revenue, Asst. Attys. Gen., for appellee.


BEATTY, Justice.

This is an appeal by plaintiffs, who are members of the Alabama Board of Optometry and who are practicing optometrists. We affirm.

The plaintiffs brought an action for a declaratory judgment in the Circuit Court of Montgomery County asking that the court declare that the dispensing of eyeglasses and contact lenses did not constitute the sale of tangible personal property which was subject to the Alabama sales tax. They also asked the court...

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