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IN THE MATTER OF PROPERTY SEIZED FROM

No. 92-636.

501 N.W.2d 472 (1993)

In the Matter of PROPERTY SEIZED FROM: Calvin BROWN d/b/a Growth Unlimited Corp. Calvin BROWN d/b/a Growth Unlimited Corp., Appellant, v. STATE of Iowa, Appellee.

Supreme Court of Iowa.

May 19, 1993.

Attorney(s) appearing for the Case

David E. Richter and Brian F. Beattie, Council Bluffs, for appellant.

Bonnie J. Campbell, Atty. Gen., and Chris Odell, Asst. Atty. Gen., for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, LAVORATO, and ANDREASEN, JJ.

PER CURIAM.

This case, involving the forfeiture of an allegedly illegal gambling device, presents two issues: (1) whether the appellant, as a distributor of the device, could legally possess it for lease or sale to a qualified licensed organization under Iowa Code section 99B.7 (1991); and (2) whether, if the answer to the preceding question is "no," appellant's possession is nonetheless legal "as a distributor for gambling devices for sale out of state."

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