Pearle Optical of Monroeville, Inc. v. STATE BOARD OF EXAMINERS IN OPTOMETRY

Almand, Justice.

The Georgia State Board of Examiners in Optometry filed in Floyd Superior Court in December 1962, its petition against Pearle Optical of Monroeville, Inc., and Dr. James P. Henderson seeking a declaratory judgment as to the rights of petitioner to regulate and control the practice of optometry and to determine and declare the rights of the defendants to engage in the practice of optometry. The defendants filed their demurrers and answers. In April, 1963, the case was submitted to the trial judge for decision on both the demurrers and the main issues. The facts involved were…