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STATE EX REL. SCHILLBERG v. SAFEWAY STORES, INC.

No. 39256.

75 Wn.2d 339 (1969)

450 P.2d 949

THE STATE OF WASHINGTON, on the Relation of Robert E. Schillberg, Appellant, v. SAFEWAY STORES, INC., Respondent.

The Supreme Court of Washington, En Banc.

February 20, 1969.

Attorney(s) appearing for the Case

Robert E. Schillberg and Donald E. Priest, for appellant.

Bogle, Gates, Dobrin, Wakefield & Long, Dustin C. McCreary, and Yancy Reser, for respondent.

The Attorney General, Donald L. Navoni and James M. Kennedy, Assistants, amici curiae.

HALE, J.

They used to play "Bonus Bingo" in the Safeway Stores in Snohomish County. Then, the prosecuting attorney put a stop to it. He says that Bonus Bingo is a lottery, that this makes it a nuisance, and that the scheme should be enjoined. Safeway says that Bonus Bingo is neither a lottery nor a nuisance but is simply an advertising device of a type widely employed in merchandising. We incline toward the prosecuting attorney's point of view.

The case was...

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