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PEACHEY ET AL. v. BOSWELL, MAYOR, ET AL.

No. 29,840.

240 Ind. 604 (1960)

167 N.E.2d 48

PEACHEY ET AL. v. BOSWELL, MAYOR, ET AL.

Supreme Court of Indiana.

Rehearing denied June 23, 1960.

Attorney(s) appearing for the Case

Royse, Travis, O'Brien & Hendrickson, of Indianapolis, for appellants.

Jacobs & Jacobs and Andrew Jacobs, Sr., of Indianapolis, for appellee, Robert O'Neal, Sheriff.

Michael B. Reddington, Corporation Counsel, of Indianapolis, for appellee, Charles Boswell, Mayor.

Howard L. Whitecotton, of Indianapolis, for appellee, Phillip L. Bayt, Prosecutor.

BOBBITT, J.

Appellants brought this suit to enjoin appellees from interfering with their business of leasing, maintaining and operating, in Marion County, Indiana, mechanically operated, free replay pinball machines which record the right of replay and indicate the number of free games won.

The complaint alleges, inter alia, as follows:

"3. The aforesaid pin ball machines are not a mechanism by the operation of which a right to

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