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BENJAMIN v. CITY OF COLUMBUS

Nos. 35179 and 35180.

167 Ohio St. 103 (1957)

BENJAMIN ET AL., APPELLANTS, v. CITY OF COLUMBUS ET AL., APPELLEES. FERGUSON ET AL., APPELLANTS, v. CITY OF COLUMBUS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 18, 1957.

Attorney(s) appearing for the Case

Messrs. McLeskey & McLeskey and Mr. Owen B. Sherwood, for appellants.

Mr. Russell Leach, city attorney, and Mr. John C. Young, for appellees.

TAFT, J.

In order to avoid the effect of this court's decision in Westerhaus v. City of Cincinnati, 165 Ohio St. 327, 135 N.E.2d 318, plaintiffs have emphasized the fact that the machines involved in the instant cases are not equipped so as to provide for and are not to be used to provide free plays. However, besides deciding that free-play machines are gambling devices, we also decided in the Westerhaus case...

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