CONTINENTAL INDUSTRIES, INC. v. ERBE

No. 50121.

107 N.W.2d 57 (1961)

CONTINENTAL INDUSTRIES, INC., Capital Vendors, Inc., John Stamatelos, d/b/a West Des Moines Music, Appellees, v. Norman A. ERBE, Attorney General of Iowa, The City of Des Moines, Iowa, Howard Eide, Chief of Police of the City of Des Moines, Iowa, Wilbur Hildreth, Sheriff of Polk County, Iowa, Ray Hanrahan, County Attorney of Polk County, Iowa, Appellants.

Supreme Court of Iowa.

January 11, 1961.


Attorney(s) appearing for the Case

Norman A. Erbe, Atty. Gen., Gary S. Gill, Special Asst. Atty. Gen., for appellants.

Gibson, Stewart & Garrett, Des Moines, Swisher, Cohrt, Swisher & Finch, Waterloo, for appellees.


HAYS, Justice.

This appeal involves the interpretation to be given to Section 98.36(6), Code of 1958, I.C.A., and particularly to the words "vending machine", as they are used therein. The section reads as follows: "It shall be unlawful to sell or vend cigarettes by means of a device known as a vending machine."

Plaintiffs, makers, distributors and owners of certain types of machines by which cigarettes are dispensed to the public, brought this action in equity...

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