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NAT'L ASS'N OF OPTOMETRISTS & OPTICIANS v. HARRIS

No. 10-16233.

682 F.3d 1144 (2012)

NATIONAL ASSOCIATION OF OPTOMETRISTS & OPTICIANS; LensCrafters, Inc.; Eye Care Centers of America, Inc., Plaintiffs-Appellants, v. Kamala D. HARRIS, in her official capacity as the Attorney General of the State of California; Denise Brown, in her official capacity as the Director of the Department of Consumer Affairs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2012.

Attorney(s) appearing for the Case

Rebekah E. Kaufman, Morrison & Foerster LLP, San Francisco, CA; Deanne E. Maynard, Morrison & Foerster LLP, Washington, D.C., for the appellants.

Sherry L. Ledakis, Deputy Attorney General, San Diego, CA, for the appellees.

Before: PROCTER HUG, JR., RICHARD A. PAEZ, and MARSHA S. BERZON, Circuit Judges.

OPINION

HUG, Senior Circuit Judge:

I. INTRODUCTION

This case concerns the constitutionality of certain California statutes and regulations. These statutes and regulations prohibit licensed opticians1 from offering prescription eyewear at the same location in which eye examinations are provided and from advertising that eyewear and eye examinations are available in the same location. The National Association of Optometrists...

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