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NASH FINCH v. CITY COUNCIL OF CEDAR RAPIDS

No. 02-1189.

672 N.W.2d 822 (2003)

NASH FINCH COMPANY, Appellant, v. CITY COUNCIL OF THE CITY OF CEDAR RAPIDS, Iowa, Appellee.

Supreme Court of Iowa.

December 17, 2003.

Attorney(s) appearing for the Case

Mark A. Roberts of Simmons, Perrine, Albright & Ellwood, P.L.C., Cedar Rapids, for appellant.

James H. Flitz, City Attorney's Office, Cedar Rapids, for appellee.

TERNUS, Justice.

Appellant, Nash Finch Company, appeals from a district court judgment upholding the action of appellee, City Council of the City of Cedar Rapids, suspending Nash Finch's permit for the sale of cigarettes based on the company's second violation of Iowa Code section 453A.2(1) (1999). Nash Finch contends the district court erred in holding two company stores were the same "place of business" for purposes of aggregating offenses under Iowa

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