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TREASURE STATE SALES v. CITY OF KALISPELL

No. 14061.

580 P.2d 1383 (1978)

TREASURE STATE SALES, Plaintiff and Appellant, v. CITY OF KALISPELL, Norma E. Harp, Mayor of Kalispell, Defendants and Respondents.

Supreme Court of Montana.

Decided June 28, 1978.

Attorney(s) appearing for the Case

Robert J. Campbell argued, Missoula, for plaintiff and appellant.

Norbert F. Donahue argued, Kalispell, for defendants and respondents.

DALY, Justice.

Plaintiff Treasure State Sales appeals from a final judgment of the District Court, Flathead County, which held its movie machines to be theaters and requiring them to be individually registered under Kalispell's City Code, § 15-11.

Plaintiff is a Montana corporation operating businesses in various cities. Each business is called "The Adult Shop." In these shops there are coin operated movie machines, each machine is surrounded by a one...

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