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STATE BOARD OF DISPENSING OPTICIANS v. CARP

No. 6626.

85 Ariz. 35 (1958)

330 P.2d 996

STATE BOARD OF DISPENSING OPTICIANS, Delmer Drinen, Gordon Harper, Max Kent, Ray Rodig and Everett J. Master, Members of the State Board of Dispensing Opticians, Appellants, v. Ellis CARP, Robert K. Shannon, Bernard Stanton, Jack Sham, Clyde Damron, Irwin Salk, Gene Schanbaum, Dan Geller, Leonard Macaluso, Charles Shropshire, Stanley C. Pearce and Irving Greenberg, Appellees.

Supreme Court of Arizona.

October 29, 1958.

Attorney(s) appearing for the Case

Robert Morrison, Atty. Gen., and Frederick E. Kallof, Asst. Atty. Gen., for appellants.

Gust, Rosenfeld, Divelbess & Robinette and Frank E. Flynn, Phoenix, for appellees.

WINDES, Justice.

Ellis Carp and others filed with the State Board of Dispensing Opticians applications for licenses to practice as dispensing opticians. Licenses were not issued for the reasons hereinafter related. Applicants filed an action in the superior court seeking writ of mandamus to compel the board to issue the licenses. The lower court directed the issuance of a peremptory writ as requested. The board appeals, claiming that the court could not legally require...

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