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McKEE v. FOSTER

219 Or. 322 (1959)

347 P.2d 585

McKEE v. FOSTER

Supreme Court of Oregon.

Affirmed December 9, 1959.

Attorney(s) appearing for the Case

Donal D. Sullivan, Assistant Attorney General, Salem, argued the cause for appellants. On the brief were Robert Y. Thornton, Attorney General, and John D. Nichols, Assistant Attorney General, Salem, and Walter W. Foster, District Attorney of Polk County, Dallas.

Bruce W. Williams, Salem, argued the cause for the respondent. With him on the brief were Otto R. Skopil, Jr., and Paul Burris, Salem.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the state from a decree entered by the circuit court in a cause which the plaintiff, Marshall McKee, instituted against the District Attorney of Polk County, Mr. Walter Foster, and the Attorney General of this state, Mr. Robert Y. Thornton, for the purpose of securing a declaratory decree determining whether or not free play pinball machines are gambling devices. Attached...

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