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DUNNEGAN v. LARAMIE COUNTY COM'RS

Nos. 91-169, 92-88.

852 P.2d 1138 (1993)

Gerald L. DUNNEGAN, d/b/a J & G Wholesale and Leo Holmes, Petitioners, v. LARAMIE COUNTY COMMISSIONERS and Laramie County Sheriff, Respondents, and Leo HOLMES, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). LARAMIE COUNTY COMMISSIONERS; Laramie County Sheriff; and State of Wyoming, Appellants (Plaintiffs), v. Gerald L. DUNNEGAN, d/b/a J & G WHOLESALE and Leo Holmes, Appellees (Defendants).

Supreme Court of Wyoming.

May 20, 1993.

Attorney(s) appearing for the Case

Roger McDaniel, Cheyenne, argued by Mr. McDaniel, for Gerald L. Dunnegan, d/b/a J & G Wholesale and Leo Holmes.

Roberta A. Coates, Cheyenne, argued by Ms. Coates, for Laramie County Com'rs and Laramie County Sheriff.

Michael L. Hubbard, Sr. Asst. Atty. Gen., and Lawrence A. Bobbitt, III, Sr. Asst. Atty. Gen., for state of Wyo.

Before MACY, C.J., and THOMAS, CARDINE, GOLDEN and TAYLOR, JJ.

CARDINE, Justice.

Appellant Leo Holmes was convicted of selling fireworks in violation of a county resolution regulating fireworks and assessed a $750 fine. An appeal was taken from the conviction, and a suit was filed seeking a declaratory judgment that the county resolution was unenforceable. The cases were consolidated. After argument in this court and remand, the trial court entered an order affirming appellant's conviction but vacating the $750 fine and affirming...

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