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BD. OF EXAM. OF OPTOMETRY v. PEARLE VISION

No. 86-323.

767 P.2d 969 (1989)

WYOMING STATE BOARD OF EXAMINERS OF OPTOMETRY, Appellant (Plaintiff), v. PEARLE VISION CENTER, INC., a corporation, and Robert L. Holly, O.D., an individual, Appellees (Defendants).

Supreme Court of Wyoming.

January 4, 1989.

Attorney(s) appearing for the Case

Steven F. Freudenthal, Freudenthal, Salzburg, Bonds & Rideout, P.C., Cheyenne, for appellant (plaintiff).

Brent R. Kunz, Hathaway, Speight, Kunz, Trautwein & Barrett, Cheyenne, for appellee (defendants), Pearle Vision Center, Inc.

Dennis M. Grant, Grant & Osborn, Cheyenne, for appellee (defendant), Robert L. Holly, O.D.

Before CARDINE, C.J., THOMAS, URBIGKIT and MACY, JJ., and BROWN, J., Retired.

THOMAS, Justice.

At issue in this case is whether a franchise agreement for the marketing of optical products and services, entered into between a certificated optometrist and a corporation, results in fee splitting or the employment of a "steerer," both in violation of § 33-23-110(b)(i), W.S. 1977. Additional questions are raised as to whether the franchiser was engaged in the practice of optometry without a valid certificate of registration in violation of...

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