KEEFE, J.
This cause came on to be heard upon the appeal; the transcript of the docket, journal entries and original papers from the Hamilton County Municipal Court; a solitary assignment of error; and the briefs and oral arguments of counsel.
On June 18, 1975, the city of Cincinnati filed a complaint against Thomas Soft Ice Cream, Inc., alleging that on February 28, 1972, the defendant company unlawfully
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