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ABELSON'S, INC. v. N.J. STATE BOARD OF OPTOMETRISTS

3 N.J. Super. 332 (1949)

65 A.2d 644

ABELSON'S, INC., A CORPORATION OF NEW JERSEY, AND MONROE SMALLZMAN, PLAINTIFFS, v. NEW JERSEY STATE BOARD OF OPTOMETRISTS ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 11, 1949.

Attorney(s) appearing for the Case

Messrs. Crummy & Consodine (Mr. William Consodine, appearing), attorneys for the plaintiffs.

Mr. Walter D. Van Riper (Mr. William K. Miller, appearing), Attorney General.

Mr. Elias A. Kanter, attorney for 287 intervening defendants.

STEIN, J.S.C.

The complaint in this cause is filed under the Declaratory Judgment Act to determine the constitutionality of Chapter 350 of the Laws of 1948 which amended certain sections of the act concerning optometry, R.S. 45:12-1 et seq., which complaint also seeks the injunctive remedy against the enforcement of certain sections of the act.

The immediate contest before the court is provoked by the court's order to show cause...

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