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STATE v. CASEY'S GENERAL STORES, INC.

No. 97-1123.

587 N.W.2d 599 (1998)

STATE of Iowa, Appellee, v. CASEY'S GENERAL STORES, INC., Appellant. State of Iowa, Appellee, v. Hy-Vee, Inc., Appellant.

Supreme Court of Iowa.

November 25, 1998.

Attorney(s) appearing for the Case

Andrew J. Bracken and Jennifer A. Benning of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellant Casey's.

Kerry A. Finley and Kermit Anderson of Finley, Alt, Smith, Scharnberg, May & Craig, P.C., Des Moines, for appellant Hy-Vee.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, and Charles A. Stream, County Attorney, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL, and TERNUS, JJ.

TERNUS, Justice.

This consolidated appeal involves simple misdemeanor convictions of two corporations whose employees sold alcoholic beverages to underage customers during a "sting" operation by the local police. The corporations argue they cannot be held criminally responsible for their employees' actions under the circumstances presented. We agree and so reverse their convictions and remand for dismissal of the criminal charges.

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