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AMERICAN LEGION POST NO. 51 APPEAL

188 Pa.Super. 480 (1959)

American Legion Post No. 51 Appeal.

Superior Court of Pennsylvania.

Reargued December 10, 1958.

March 18, 1959.

Attorney(s) appearing for the Case

Louis C. Glasso, with him Henry Beeson, and Anthony Cavalcante, for appellant.

Frank P. Lawley, Jr., Deputy Attorney General, with him George A. Lindsay, Assistant Attorney General, John D. Killian, III, Deputy Attorney General, and Thomas D. McBride, Attorney General, for appellee.

Richard P. Steward, District Attorney, argued as amicus curiae.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

OPINION BY HIRT, J., March 18, 1959:

On June 20, 1957 Pennsylvania State Police in concerted action, with the cooperation of local peace officers, seized 41 pinball machines at various restaurants, pool rooms, clubs, and the like, in Fayette County. The machines were all of the Bingo or "in-line" type of machine, manufactured or sold by Bally Manufacturing Company of Chicago. Two separate returns were made to the quarter sessions by Sergeant Trombetta of the State...

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