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SPERRY & HUTCHINSON CO. v. HOEGH

No. 48475.

65 N.W.2d 410 (1954)

SPERRY & HUTCHINSON CO. v. HOEGH, Atty. Gen. et al.

Supreme Court of Iowa.

Rehearing Denied October 22, 1954.

Attorney(s) appearing for the Case

Leo A. Hoegh, Atty. Gen., Kent Emery, Asst. Atty. Gen., for appellants.

Brody, Parker, Miller, Roberts & Thoma, and Emmert, James, Lindgren & Eller, Des Moines, for appellee.

Holliday, Miller, Myers, Stewart & McDowell, Des Moines, for Iowa Pharmaceutical Ass'n, Iowa Retail Hardware Ass'n, Iowa Retail Food Dealers Ass'n, and Iowa Retail Jewelers Ass'n, amicus curiae.

Ambramson & Myers, Des Moines, Matthew J. Levitt, Minneapolis, Minn., for amicus curiae.

MULRONEY, Justice.

The central question presented by this appeal is the constitutionality of the gift enterprise statutes, Sections 553.15 to 553.18, Code 1950, I.C.A., as applied to plaintiff's trading stamp business. Section 553.15, Code 1950, I.C.A., prohibits all "gift enterprises, as hereinafter defined" and Section 553.16, Code 1950, I.C.A., defines the term "gift enterprise", in one of the longest, sentences in the code, filled with abundant legal phraseology...

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