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MILLER v. CITY OF SPOKANE

No. 31140.

35 Wn.2d 113 (1949)

211 P.2d 165

GERALD MILLER et al., Respondents, v. THE CITY OF SPOKANE et al., Appellants.

The Supreme Court of Washington, Department Two.

November 9, 1949.

Attorney(s) appearing for the Case

G.M. Ferris, B.A. Farley, and Paul F. Schiffner, for appellants.

Wilmot W. Garvin and Clarence M. George, for respondents.

Thomas I. Oakshott, amicus curiae.

SIMPSON, C.J.

Plaintiffs, operators of pinball machines, sought by this action to restrain the city of Spokane and certain of its officers from arresting or molesting plaintiffs while in the possession of, and operating, the machines in the city of Spokane. It was contended in the answer of defendants that the machines were gambling devices and, therefore, prohibited by law.

A trial to the court resulted in the issuance of a permanent injunction which restrained...

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