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FOWLES v. KANSAS STATE LOTTERY

No. 69,334

254 Kan. 557 (1994)

867 P.2d 357

ORRIN J. FOWLES, Plaintiff/Appellant, v. THE STATE OF KANSAS; THE KANSAS STATE LOTTERY, A State Agency; RALPH DECKER, Executive Director of Lottery Commission, Kansas; and THE KANSAS STATE LOTTERY COMMISSION, consisting of C.W. KLEIN; RAY E. MORGAN; PATRICIA ROSE; DUANE E. NIGHTENGALE; and PAUL M. STEELE, Lottery Commission Members, Defendants/Third-Party Plaintiffs/Appellees, v. LEISZLER OIL CO., INC., Third-Party Defendant/Third-Party Plaintiff, v. PENNIE CRANMER, Third-Party Defendant.

Supreme Court of Kansas.

Opinion filed January 21, 1994.

Attorney(s) appearing for the Case

Stephen P. Weir, of Hein, Ebert and Weir, Chtd., of Topeka, argued the cause and was on the briefs for the appellant.

John W. Campbell, deputy attorney general, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellees.

The opinion of the court was delivered by

ABBOTT, J.:

Plaintiff Orrin J. Fowles alleges he purchased the winning ticket in the July 20, 1988, Kansas Cash Lotto drawing. Kansas Lottery refused to pay Fowles the prize of $117,037.00 because he failed to produce the winning ticket. Fowles brought suit against numerous Lottery defendants. The trial court granted defendants' motion for summary judgment, and plaintiff appealed. The appeal was transferred to this...

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