Cole National Corp. v. State Board of Examiners of Ophthalmic Dispensers & Ophthalmic Technicians

The opinion of the court was delivered by

Haneman, J.

Plaintiff challenges the validity of an administrative rule promulgated by defendant. The Appellate Division sustained the validity of the rule, 107 N. J. Super. 378 (1969). This Court granted plaintiff’s petition for certification, 55 N. J. 449 (1970).

Plaintiff, an Ohio corporation, is engaged in the manufacture and sale of eyeglasses, lenses, frames and related appurtenances. It conducts its business in 37 states and the District of Columbia at approximately 300 locations, 175 of which are in Sears, Roebuck & Co. (Sears) stores. Plaintiff…