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GIBSON v. BERRYHILL

No. 71-653.

411 U.S. 564 (1973)

93 S.Ct. 1689

36 L.Ed.2d 488

GIBSON ET AL. v. BERRYHILL ET AL.

Supreme Court of United States.

Decided May 7, 1973.

Attorney(s) appearing for the Case

Richard A. Billups, Jr., argued the cause for appellants. with him on the brief were William Baxley, Attorney General of Alabama, and J. G. L. Marston III and Donald George Valeska II, Assistant Attorneys General.

Harry Cole argued the cause for appellees. With him on the brief were James J. Carter and Douglas E. Bergman.

MR. JUSTICE WHITE delivered the opinion of the Court.

Prior to 1965, the laws of Alabama relating to the practice of optometry permitted any person, including a business firm or corporation, to maintain a department in which "eyes are examined or glasses fitted," provided that such department was in the charge of a duly licensed optometrist. This permission was expressly conferred by § 210 of Title 46 of the Alabama Code of 1940, and also inferentially by §...

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