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MASSENGALE v. OKLAHOMA BD. OF EXAMINERS IN OPTOMETRY

Nos. 93-5039, 93-5108.

30 F.3d 1325 (1994)

Curt MASSENGALE, O.D., and Derrick Skaggs, O.D., Plaintiffs, and Larry Greenhaw, O.D., Philip Miller, O.D., Lenscrafters, Inc., and Pearle Vision, Inc., Plaintiffs-Appellants, v. OKLAHOMA BOARD OF EXAMINERS IN OPTOMETRY, V. Duane Moore, O.D., George E. Foster, O.D., and Lloyd Peck, O.D., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 26, 1994.

Attorney(s) appearing for the Case

Myron L. Dale (Gregory A. Keyser and Steven L. Smith, also of Frost & Jacobs, Cincinnati, OH, Mark K. Blongewicz and Ronald A. White of Hall, Estill, Hardwick, Gable, Golden & Nelson, Tulsa, OK, William J. Calore, Lenscrafters, Inc., Cincinnati, OH, and Kevin J. Rogan, Pearle Health Services, Dallas, TX, with him on the briefs), for plaintiffs-appellants.

Wellon B. Poe, Asst. Atty. Gen., Litigation Div. (Susan B. Loving, Atty. Gen., with him on the brief), and Daniel J. Gamino of Daniel J. Gamino & Associates, Oklahoma City, OK, for defendants-appellees.

Before LOGAN and MOORE, Circuit Judges, and OWEN, District Judge.

LOGAN, Circuit Judge.

Plaintiffs Larry Greenhaw, O.D., Philip Miller, O.D., Lenscrafters, Inc. (Lenscrafters) and Pearle Vision, Inc. (Pearle), have appealed the district court's dismissal of their underlying complaint filed against the Oklahoma Board of Examiners of Optometry (Board) and the individual Board members Duane Moore, O.D., George E. Foster, O.D., and Lloyd Peck, O.D., sued in their individual and official capacities (No. 93-5039). Plaintiffs' federal...

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