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PROGRESS VENDING v. DEPT. OF LIQUOR CONTROL

No. 77AP-769.

59 Ohio App. 2d 266 (1978)

PROGRESS VENDING, INC., ET AL., APPELLEES v. DEPARTMENT OF LIQUOR CONTROL, APPELLANT; COOK ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided April 18, 1978.

Attorney(s) appearing for the Case

Messrs. Topper, Alloway, Goodman, DeLeone & Duffey, Messrs. Dinsmore, Shohl, Coates & Deupree, Mr. Lawrence A. Kane, Jr., Mr. Mark A. Vander Laan, Messrs. Lindhorst & Dreidame and Mr. Ambrose H. Lindhorst, for plaintiffs-appellee.

Mr. William. J. Brown, attorney general, Mr. James E. Uprichard, Jr., and Mr. James M. Guthrie, for appellant, and defendants-appellee.

WHITESIDE, J.

Defendant Department of Liquor Control appeals from a judgment of the Franklin County Court of Common Pleas finding and declaring that pinball machines known as "King Rock" and "Spirit of 76" and machines similarly constructed and operated violated neither R. C. Chapter 2915 nor Section II of Regulation 53 of the Regulations of the Liquor Control Commission and permanently enjoining defendant "from seizing, taking, confiscating, or otherwise destroying...

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