Terminal-Hudson Electronics, Inc. of California v. Dept. of Con. Aff.

Athearn, Chandler & Hoffman, Walter Hoffman, Donald H. Maffly, San Francisco, Cal., for amicus curiae California Assn. of Dispensing Opticians.

James S. Reed, Consumer Federation of California, Sacramento, Cal., for amicus curiae Consumer Federation of California.

Wilke, Fleury, Sapunor & Hoffelt, William A. Gould, Jr., Sacramento, Cal., for amicus curiae California Optometric Assn.

Before ELY, Circuit Judge, EAST, Senior District Judge, and WHELAN, District Judge. [*]

EAST, Senior District Judge:

The above two cases were consolidated as a matter of judicial expediency for hearing upon the several motions of the respective parties as hereinafter delineated.

It appears from the verified complaint:

The plaintiff California Citizen Action Group (hereinafter referred to as CCAG) is a non-profit, non-partisan, volunteer organization incorporated in California, with a membership of approximately 800, many of whom are wearers of prescription eyeglasses;

The plaintiffs Dick Davis, Pedro Gonzales, Nathan Seiderman and Ernest A. Jacobi (hereinafter referred to as the Named Plaintiffs) are residents of the State of California and suffer certain optical infirmities which require that…