199 A. 183
Supreme Court of Pennsylvania.January 11, 1938.
March 21, 1938.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 266, Jan. T., 1937, from decree of C. P. No. 4, Phila. Co., Dec. T., 1935, No. 5419, in case of John C. Neill et al., individually, and as the Board of Trustees of The Philadelphia County Optometric Society and Pennsylvania Optometric Association, v. Harry C. Kahn Son, Inc. Decree modified.
Robert P. McCracken, with him Nochem S. Winnet and George G. Chandler, for appellants.
Joseph B. Winokur, of Loewenstein Winokur, with him Evans, Bayard Frick, Brown Williams and Sundheim, Folz Sundheim, for appellee.
Carlos Berguido, Jr., and Robert Rosenberg, filed a brief on behalf of Retail Opticians of America, amici curiæ.
OPINION BY MR. JUSTICE SCHAFFER, March 21, 1938:
This case is ruled by Neill v. Gimbel Brothers, Inc., 330 Pa. 213. It is ordered that the decree of the court below be modified as therein directed. Costs to be paid by defendant.
Mr. Justice DREW dissents.
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