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STATE v. JENNIE COULTER DAY NURSERY

No. 2-56305.

218 N.W.2d 579 (1974)

STATE of Iowa, Appellant, v. JENNIE COULTER DAY NURSERY, Appellee.

Supreme Court of Iowa.

May 22, 1974.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Lorna Lawhead Williams, Special Asst. Atty. Gen., for appellant.

James M. Adams, Burlington, for appellee.

Heard before MOORE, C. J., and MASON, LeGRAND, REYNOLDSON and HARRIS, JJ.

MOORE, Chief Justice.

The question on this appeal is whether defendant is operating a "children's boarding home" requiring a license under the provisions of Code chapter 237. The trial court denied the State injunctive relief primarily on the ground defendant was not furnishing "lodging" as required by section 237.2. It provides:

"Any person who receives for care and treatment or has in his custody at any one time one or more children under the age of sixteen...

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