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CITY OF NEWPORT v. NIER

239 S.W.2d 491 (1951)

CITY OF NEWPORT v. NIER et al.

Court of Appeals of Kentucky.

Rehearing Denied June 12, 1951.

Attorney(s) appearing for the Case

Geo. T. Muehlenkamp, Fred M. Warren, Newport, for appellant.

Davies & Hirschfeld, Newport, for appellees.

HELM, Justice.

Newport is a city of the second class. Its Ordinance No. 629, section 1, provides:

"Be It Ordained by the Board of Commissioners of the City of Newport, Kentucky:

"Section I

"That whoever shall have in his possession, or on any premises in his occupation or under his control, any machine or contrivance designed for use in betting whereby money or other thing of value may be won or lost, shall be guilty of a misdemeanor and...

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