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STATE v. JOYLAND CLUB

No. 8962.

220 P.2d 988 (1950)

STATE ex rel. REPLOGLE, County Attorney, v. JOYLAND CLUB et al.

Supreme Court of Montana.

Decided June 30, 1950.

Attorney(s) appearing for the Case

Greenan & Manion, Great Falls, for appellants.

Howard T. Manion, Great Falls, argued the case orally for appellants.

Arnold H. Olsen, Atty. Gen., Willis B. Jones, Harold L. Holt, Philip O'Donnell, Asst. Attys. Gen., O. Louise Replogle, County Attorney, J. E. McKenna, Weymouth D. Symmes, Deputy County Attys., all of Lewistown, for respondent.

Miss Replogle, Mr. Olsen and Mr. Symmes argued the case orally for respondent.

Thomas R. Marron, County Atty., Glasgow, Bert W. Kronmiller, County Atty., Hardin, Nat. A. Allen, County Atty., Ryegate, amici curiae.

COMER, District Judge.

This is an appeal from a decree of the district court of Fergus county, the Hon. C.F. Holt, district judge presiding, ordering the confiscation of five coin-operated slot machines loaded with money and abating, as a nuisance, the premises on which the machines were being operated.

The premises consist of a parcel of land with a one-story frame building thereon owned by the defendants W.S. Shepherd and Ann LaMere, and situate near the...

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