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REVCO v. BROOKS

No. 2 CA-CV 88-0013.

157 Ariz. 570 (1988)

760 P.2d 570

REVCO D.S., a Michigan Corporation, Plaintiff/Appellant/Cross-Appellee, v. William E. BROOKS, Jr., Pamela K. Clow, Helen Cooper, Richard Drinen, Alvin W. McCarty, Sue Tucker, Leonard E. Weintraub, in their official capacities as members of the Arizona State Board of Dispensing Opticians, and Arizona State Board of Dispensing Opticians, Defendants/Appellees/Cross-Appellants.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied September 14, 1988.

Attorney(s) appearing for the Case

Snell & Wilmer by John J. Bouma, Bruce P. White and Eileen J. Moore, Phoenix, for plaintiff/appellant/cross-appellee.

Robert K. Corbin, Atty. Gen. by Fred W. Stork, III and Charles S. Hover, III, Phoenix, for defendants/appellees/cross-appellants.

OPINION

LIVERMORE, Presiding Judge.

Appellant Revco operates drug stores in Arizona. It fills prescriptions for contact lenses from its customers by ordering those lenses from a company in Ohio. The trial court found that this made its stores an "optical establishment," but not a "dispensing optician," within the following definitions in A.R.S. § 32-1671:

3. "Dispensing optician" means any person, except as provided in § 32-1691, who dispenses...

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