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TEXAS STATE BOARD OF EXAMINERS IN OPTOMETRY v. LANE

No. 16126.

337 S.W.2d 801 (1960)

TEXAS STATE BOARD OF EXAMINERS IN OPTOMETRY, Appellant, v. Sidney H. LANE, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied September 16, 1960.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., Leon F. Pesek and John Reeves, Asst. Attys. Gen., for appellant.

Martin, Moore & Tackett, and Arthur Lee Moore, Fort Worth, for appellee.

BOYD, Justice.

This is an appeal by Texas State Board of Examiners in Optometry from a judgment setting aside an order of appellant canceling the license of Sidney H. Lane to practice optometry in this State.

The only point of error is that the trial court was without jurisdiction to enter the judgment appealed from because the suit filed by appellee to set aside the Board's order was dismissed by the court at a prior term.

The suit to set aside the...

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