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BULLINGTON v. N. C. ST. BD. OF EXAMINERS IN OPTOMETRY

No. 8510SC1097.

340 S.E.2d 770 (1986)

Walter G. BULLINGTON, M.D., Kenneth L. Cohen, M.D., and J. Lawrence Sippe, M.D., North Carolina Society of Ophthalmology, Inc. v. NORTH CAROLINA STATE BOARD OF EXAMINERS IN OPTOMETRY.

Court of Appeals of North Carolina.

March 18, 1986.

Attorney(s) appearing for the Case

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Samuel G. Thompson, Julian D. Bobbitt, Jr., and William H. Moss, Raleigh, for petitioners-appellees.

Boyce, Mitchell, Burns & Smith, P.A. by G. Eugene Boyce and Karen Britt Peeler, Raleigh, for respondent-appellant.

HEDRICK, Chief Judge.

We agree with Judge Bailey in quashing the subpoenas and reversing the decision of the Board not to revoke the subpoenas, but for different reasons than set out in the order. We do not agree that the subpoenas "were issued in excess of the authority of the North Carolina State Board of Examiners in Optometry."

The three subpoenas issued to the three individual physicians are fatally defective on their face. The subpoenas purport to require...

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