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HEAD v. NEW MEXICO BOARD

No. 392.

374 U.S. 424 (1963)

83 S.Ct. 1759

10 L.Ed.2d 983

HEAD, DOING BUSINESS AS LEA COUNTY PUBLISHING CO., ET AL. v. NEW MEXICO BOARD OF EXAMINERS IN OPTOMETRY.

Supreme Court of United States.

Decided June 17, 1963.

Attorney(s) appearing for the Case

Carol J. Head argued the cause and filed briefs for appellants.

Earl E. Hartley, Attorney General of New Mexico, and Robert F. Pyatt, Special Assistant Attorney General, argued the cause and filed a brief for appellee.

By special leave of Court, Solicitor General Cox argued the cause for the United States, as amicus curiae, urging reversal as to appellant Permian Basin Radio Corp. With him on the brief were Assistant Attorney General Loevinger, Bruce J. Terris, Lionel Kestenbaum, Max D. Paglin, Daniel R. Ohlbaum and Ruth V. Reel.

Ellis Lyons, Leonard J. Emmerglick, Harold Kohn and William P. MacCracken, Jr. filed a brief for the American Optometric Association, Inc., as amicus curiae, urging affirmance.

Opinion of the Court by MR. JUSTICE STEWART, announced by MR. JUSTICE WHITE.

This case comes to us on appeal from the Supreme Court of New Mexico. One of the appellants, Agnes K. Head, owns a newspaper in Hobbs, New Mexico. The other appellant, Permian Basin Radio Corporation, owns and operates a radio station there. Hobbs is in the southeastern corner of the State, close to the Texas border, and much of the area served by both the radio station and the newspaper...

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