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COLE NAT. CORP. v. STATE BD. OF EXAMINERS

57 N.J. 227 (1970)

271 A.2d 421

COLE NATIONAL CORPORATION, A CORPORATION OF THE STATE OF OHIO, PLAINTIFF-APPELLANT, v. STATE BOARD OF EXAMINERS OF OPHTHALMIC DISPENSERS AND OPHTHALMIC TECHNICIANS, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Argued September 28, 1970.

Decided December 7, 1970.

Attorney(s) appearing for the Case

Mr. Alvin M. Stein, of the New York Bar, argued the cause for appellant (Messrs. Milton, Keane & DeBona, attorneys; Mr. Thomas J. Brady, of counsel).

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Fred R. Gruen, Deputy Attorney General, on the brief).

Mr. Robert P. McDonough argued the cause for The Guild of Prescription Opticians of New Jersey, Inc. and The Society of Dispensing Opticians of New Jersey, Inc., amici curiae (Messrs. McDonough, Murray & Meeker, attorneys).

The opinion of the court was delivered by HANEMAN, J.

Plaintiff challenges the validity of an administrative rule promulgated by defendant. The Appellate Division sustained the validity of the rule, 107 N.J.Super. 278 (1969). This Court granted plaintiff's petition for certification, 55 N.J. 449 (1970).

Plaintiff, an Ohio corporation, is engaged in the manufacture and sale of eyeglasses...

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