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CUDD ET AL v. ASCHENBRENNER

233 Or. 272 (1962)

377 P.2d 150

CUDD ET AL v. ASCHENBRENNER

Supreme Court of Oregon.

Reversed December 19, 1962.

Petition for rehearing denied January 23, 1963.

Attorney(s) appearing for the Case

Gene L. Brown, Grants Pass, argued the cause for appellants. With him on the brief was R. Gene Smith, Grants Pass.

L.A. Aschenbrenner, Grants Pass, argued the cause for respondent. With him on the brief was William H. Ferguson, Grants Pass.

Harold W. Adams, Assistant Attorney General, Salem, argued the cause on behalf of the Attorney General as amicus curiae. With him on the brief was Robert Y. Thornton, Attorney General of Oregon, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the plaintiffs from a decree entered by the circuit court in a declaratory judgment proceeding which held that a promotion scheme conducted by the plaintiffs for the purpose of attracting customers to two grocery stores was a lottery under the provisions of ORS 167.405 and Article XV, Oregon Constitution. The defendant is Mr. L.A. Aschenbrenner, district attorney for Josephine County.

The promotion scheme...

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