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STATE v. COX

No. 9949.

349 P.2d 104 (1960)

STATE of Montana, Plaintiff and Appellant, v. John C. COX, The Crown Cigar Store, The First Floor of That Certain Building Known as 110 East Park Street, Butte, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided February 4, 1960.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Louis Forsell, Asst. Atty. Gen., for appellant, Louis Forsell, Asst. Atty. Gen. argued orally.

David L. Holland, E. J. Foley, Butte, for respondent, E.J. Foley argued orally.

HARRISON, Chief Justice.

On April 24, 1958, the attorney general filed a complaint in the District Court of the Second Judicial District, Silver Bow County, seeking to enjoin defendant from operating an alleged lottery in his establishment, the Crown Cigar Store, in Butte.

A temporary restraining order and order to show cause issued. On May 7, 1958, the return day, defendant filed a motion to quash the temporary writ...

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