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STATE v. CLIFTON LODGE NO. 1174, BEN. & PRO. ORD.

No. 2 CA-CIV 1388.

20 Ariz. App. 512 (1973)

514 P.2d 265

The STATE of Arizona, Appellant, v. CLIFTON LODGE NO. 1174, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF the UNITED STATES of America, a non-profit Arizona corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 23, 1973.

Review Denied November 13, 1973.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Peter Van Orman, Asst. Atty. Gen., Phoenix, for appellant.

J. William Moore, Phoenix, for appellee.

OPINION

KRUCKER, Judge.

The State has appealed from a judgment against it which ordered it to return a number of slot machines and the monies contained in said machines seized from plaintiff-appellee. The sole question on appeal is whether the State is empowered by A.R.S. Art. 21, Title 13, Ch. 2 to seize and destroy slot machines used for gambling and to pay the monies seized to Greenlee County or the City of Clifton. On January 16, 1972, agents of the Arizona...

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