SULLIVAN v. MODERN MUSIC CO.

No. 18166.

324 P.2d 374 (1958)

Earl L. SULLIVAN, as Sheriff of El Paso County, Colorado, Plaintiff in Error, v. MODERN MUSIC COMPANY, a corporation, E & M Music Company, a corporation, Pikes Peak Music Company, Independent Amusement Company, and J. W. Struthers, Defendants in Error.

Supreme Court of Colorado, En Banc.

April 21, 1958.


Attorney(s) appearing for the Case

Leo W. Rector, Colorado Springs, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John W. Patterson, Asst. Atty. Gen., amicus curiae.

No appearance for defendants in error.


SUTTON, Justice.

In 1955, Sullivan, as sheriff, by the then district attorney, was petitioner in the trial court in a proceeding in rem seeking a court order under '53 C.R.S. 40-10-1 to destroy eleven devices commonly known as pinball machines. The defendants, except Struthers, were the owners of ten of the machines placed on consignment in various locations in the city of Colorado Springs and vicinity. Struthers was both owner and operator of one machine. Sullivan...

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