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STATE v. ALL-IOWA AGRICULTURAL ASS'N

No. 47844.

48 N.W.2d 281 (1951)

STATE ex rel. McELHINNEY v. ALL-IOWA AGRICULTURAL ASS'N.

Supreme Court of Iowa.

June 5, 1951.

Attorney(s) appearing for the Case

Elliott, Shuttleworth & Ingersoll, V. C. Shuttleworth and Harry Wilmarth, Cedar Rapids, for appellant.

Barnes, Wadsworth, Elderkin & Locher, D. M. Elderkin, and J. J. Locher, Jr., and Howard McLaughlin, Cedar Rapids, for appellee.

Shepard & Shepard, Allison, for Fair Managers Ass'n of Iowa, as amicus curiae.

GARFIELD, Justice.

Defendant, a nonprofit corporation organized under what is now chapter 504, Iowa Code 1950, I.C.A., owns and operates fair grounds known as Hawkeye Downe near the outskirts of Cedar Rapids where the All-Iowa Fair is held each year. By contract with one Gerber made in January, 1950, superseding a prior contract between them made in October, 1949, defendant leased to Gerber its amphitheater and quarter-mile track for the racing season between May...

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