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LENSCRAFTERS, INC. v. ROBINSON

No. 03-5512.

403 F.3d 798 (2005)

LENSCRAFTERS, INC.; U.S. Vision; Cole Vision Corporation; National Association of Optometrists and Opticians, Plaintiffs-Appellants, v. Kenneth S. ROBINSON, in his official capacity as Commissioner of the Tennessee Department of Health; Jerry A. Richt, O.D.; Scott L. Spivey, O.D.; Terry L. Hendrickson, O.D.; Brian Browder; Jeff Foster, O.D.; Eddie Abernathy, O.D., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 14, 2005.

Attorney(s) appearing for the Case

ARGUED: Barry Friedman, New York University Law School, New York, New York, for Appellants. Eugene N. Bulso, Jr., Boult, Cummings, Conners & Berry, Nashville, Tennessee, for Appellees. ON BRIEF: Barry Friedman, New York University Law School, New York, New York, Julie A. Maloney, Stacey L. Jarrell, Thorp, Reed & Armstrong, Pittsburgh, Pennsylvania, Daniel H. Bromberg, Jones Day, Washington, D.C., Alan N. Greenspan, Jackson Walker, L.L.P., Dallas, Texas, for Appellants. Eugene N. Bulso, Jr., Melissa R. Ballengee, Barbara Hawley Smith, Boult, Cummings, Conners & Berry, Nashville, Tennessee, for Appellees. Roger A. Fairfax, Alissa Starzak, O'Melveny & Myers, Washington, D.C., for Amicus Curiae.

Before: MARTIN and BATCHELDER, Circuit Judges; JORDAN, Senior District Judge.

BOYCE F. MARTIN, JR., Circuit Judge.

LensCrafters, along with several other interstate optical companies and their national trade association, appeal the district court's summary judgment upholding the constitutionality of a Tennessee state statute, Tenn.Code Ann. § 63-8-113(c)(6), which, as interpreted by the Tennessee Supreme Court, essentially prohibits optical companies from leasing space to optometrists to perform eye exams in their retail eyewear stores...

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