Bullington v. North Carolina State Board of Examiners in Optometry
Bullington v. North Carolina State Board of Examiners in Optometry
Opinion of the Court
We agree with Judge Bailey in quashing the subpoenas and reversing the decision of the Board not to revoke the subpoenas, but for different reasons than set out in the order. We do not agree that the subpoenas “were issued in excess of the authority of the North Carolina State Board of Examiners in Optometry.”
The three subpoenas issued to the three individual physicians are fatally defective on their face. The subpoenas purport to require each physician as an individual to produce certain documents belonging to and in the possession of the North Carolina Society of Ophthalmology, a corporation. The North Carolina Society of Ophthalmology, a corporation, is not required by the subpoenas to produce anything through its representatives. The individual physicians named in the subpoenas are not designated in the subpoenas to be in any way representatives of the corporation or custodians of documents belonging to the corporation.
The decision of the superior court quashing the subpoenas and reversing the decision of the Board is
Affirmed.
Reference
- Full Case Name
- WALTER G. BULLINGTON, M.D., KENNETH L. COHEN, M.D., and J. LAWRENCE SIPPE, M.D., NORTH CAROLINA SOCIETY OF OPHTHALMOLOGY, INC. v. NORTH CAROLINA STATE BOARD OF EXAMINERS IN OPTOMETRY
- Cited By
- 1 case
- Status
- Published