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ROBERTS OPT. CO. v. DEPT. OF REGISTRATION AND EDUC.

No. 33139.

4 Ill.2d 290 (1954)

122 N.E.2d 824

ROBERTS OPTICAL COMPANY, Appellee, v. THE DEPARTMENT OF REGISTRATION AND EDUCATION et al., Appellants.

Supreme Court of Illinois.

Rehearing denied December 20, 1954.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, and A. ZOLA GROVES, of counsel,) for appellants.

BERNARD M. PESKIN, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

Roberts Optical Company filed its complaint in the superior court of Cook County seeking a declaration of the invalidity of section 4 of the Illinois Optometric Act, as amended in 1953, and an injunction restraining the Department of Registration and Education and its Director from enforcing that section. Defendants' motion to dismiss was overruled, and a decree was entered declaring...

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