Moss v. Kuhwald

Wolcott, Justice:

This is an appeal from a judgment of the Vice-Chancellor dismissing the complaint below. The complaint was *338filed by the Delaware Optometric Association, a non-profit corporation, the members of which are some, but not all, of the licensed optometrists of Delaware, and three optometrists who constitute the Delaware State Board of Examiners in Optometry created by 24 Del.C. § 2102, seeking to enjoin the defendant, not licensed as an optometrist, from practicing optometry.

The defendant moved for summary judgment and to dismiss for the failure to state a cause of action. The…