GIBSON V. BERRYHILL
411 U.S. 564 (1973)
NATURE OF THE CASE: This was an action to enjoin the Alabama Board of Optometry.
FACTS: The Alabama Board of Optometry was composed solely of optometrists who were
independent practitioners not employed by others. The Broad brought an action against Lee
Optical Co. and 13 optometrists employed by Lee charging unlawful practice of optometry. The
optometrists brought a federal action to enjoin the Board. The Board had previously brought
suit against Ps on virtually identical charges. The District Court determined that because
of the prior suit in state court the Board might have preconceived opinions and that because
Lee did such a large business in Alabama, that the individual Board members would fall heir
to Lee business if Lee was put out of business. The Board appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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