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STATE v. FRYE

Civ. No. 8466.

157 N.W.2d 830 (1968)

STATE of North Dakota ex rel. Lester J. SCHIRADO, State's Attorney of Morton County, Plaintiff, v. L. Ray FRYE, Gerald Boren and Hazel Boren, Defendants. and STATE of North Dakota ex rel. Lester J. SCHIRADO, State's Attorney of Morton County, Plaintiff, v. Robert CLIFFORD and Eileen Clifford, Defendants.

Supreme Court of North Dakota.

Rehearing Denied April 22, 1968.

Attorney(s) appearing for the Case

Lester J. Schirado, State's Atty., of Morton County, Mandan, for plaintiff.

Vogel, Bair & Graff, Mandan, for defendants L. Ray Frye, Robert Clifford, and Eileen Clifford.

Floyd B. Sperry, Bismarck, for defendants Gerald Boren and Hazel Boren.

PAULSON, Judge.

This matter involves two cases which, by stipulation, were consolidated for the purpose of deciding the issues raised by the pleadings. The actions were commenced in the name of the State by the State's Attorney for Morton County to abate a common nuisance, that is, that the defendants, between the dates of April 1, 1967, and April 12, 1967, served alcoholic beverages in violation of Section 5-01-23 of the...

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