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STATE v. MILLER

No. 49641.

98 N.W.2d 859 (1959)

STATE of Iowa ex rel. Ray HANRAHAN, County Attorney of Polk County, Iowa, Appellee, v. Robert Joseph MILLER, Cottonwood Club, an Iowa Corporation, Appellants.

Supreme Court of Iowa.

October 20, 1959.

Attorney(s) appearing for the Case

Don J. Wilson and Walter F. Maley, West Des Moines, for appellants.

Ray Hanrahan, County Atty., Polk County, J. Peter Denato and John A. Harvey, Asst. County Attys., Polk County, Des Moines, for appellee.

PETERSON, Justice.

A rehearing having been granted appellee on a petition for further consideration of Division I of the opinion of this court, filed May 5, 1959 and appearing in 96 N.W.2d 474, Division I thereof is withdrawn and the following is substituted.

The facts appear in the original opinion and we will not repeat them in detail. There are some conditions and facts, however, which are peculiarly applicable to affirmance...

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