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STEVENSON v. SALT LAKE CITY CORPORATION

No. 8638.

7 Utah 2d 28 (1957)

317 P.2d 597

J.A. STEVENSON ET AL., MEMBERS OF INTERMOUNTAIN MUSIC OPERATORS ASSOCIATION, AN UNINCORPORATED ASSOCIATION, PLAINTIFFS AND RESPONDENTS, v. SALT LAKE CITY CORPORATION AND CLEON SKOUSEN, SALT LAKE CITY CHIEF OF POLICE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

Concurring Opinion November 7, 1957.

Attorney(s) appearing for the Case

E. Ray Christensen, City Atty., Homer Holmgren and Donald B. Holbrook, Asst. City Attys., Salt Lake City, for appellants.

R.J. Rimensberger, Salt Lake City, for respondents.

WADE, Justice.

This appeal is from an order enjoining the City of Salt Lake and its Chief of Police from enforcing Chapter 2 of Title 32 of the Revised Ordinances of Salt Lake City, 1955, as amended November 15, 1956, on the ground that it exceeds the powers granted it by the Utah State Legislature. This ordinance reads as follows:

"Section 32-2-1. Prohibition of Bagatelle, Pinball, and Marble Machines, Etc. It shall be unlawful for any person, firm or corporation...

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