Berry v. District Court of the Third Judicial District of the State of Idaho Ex Rel. County of Ada

(dissenting) in which dissent

Plaintiff’s cause in various forms has been before this court on three previous occasions.

In Berry v. Summers, 76 Idaho 446, 283 P.2d 1093 (1955), plaintiff sought a declaratory judgment as to the constitution ality of Idaho Sess.Laws, 1949, Ch. 105, § 1, as amended by Idaho Sess.Laws, 1953, Ch. 105, § 1, purporting to define and restrict the practice of dentistry. On that appeal we held that the statute as amended, was an unreasonable regulation and not reasonably necessary for the protection of the public, insofar as it imposed as prerequisites for the…