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ALLIED VENDING, INC. v. BOWIE

No. 108, September Term, 1992.

332 Md. 279 (1993)

631 A.2d 77

ALLIED VENDING, INC. ET AL. v. THE CITY OF BOWIE, MARYLAND ET AL.

Court of Appeals of Maryland.

As Corrected on Denial of Reconsideration October 29, 1993.

Attorney(s) appearing for the Case

Bruce C. Bereano, argued and on brief (Kevin Reynolds, on brief), Annapolis, for petitioner.

Angus R. Everton, argued (Roy L. Mason and Terrence C. McAndrews, Mason, Ketterman & Morgan, on brief), Baltimore, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

KARWACKI, Judge.

We issued a writ of certiorari in this case to determine the validity of ordinances enacted by two municipalities which restrict the placement of state-licensed cigarette vending machines to locations which are not generally accessible to minors. The Circuit Court for Prince George's County determined that the ordinances were valid. We shall hold that the municipal ordinances are pre-empted by state law, more specifically, the cigarette licensing...

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