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BAEDARO v. CALDWELL

No. 33212.

56 N.W.2d 706 (1953)

156 Neb. 489

BAEDARO et al. v. CALDWELL et al.

Supreme Court of Nebraska.

January 23, 1953.

Attorney(s) appearing for the Case

Edward F. Fogarty and Eugene F. Fitzgerald, Omaha, Clarence S. Beck, Atty. Gen. and Dean G. Kratz, Asst. Atty Gen., for appellants.

White, Lipp & Simon, Omaha, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, CHAPPELL, WENKE and BOSLAUGH, JJ.

MESSMORE, Justice.

The plaintiff Harry Baedaro brought this action in the district court for Douglas County for the purpose of obtaining a declaratory judgment declaring the five-ball pinball machine installed in his place of business is not a gambling device within the meaning of section 28-945, R.R.S.1943, and for an injunction to prohibit the defendants, who are law enforcing officers, from arresting him, confiscating the pinball machine, or interfering with its...

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