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CHANCE MANAGEMENT, INC. v. STATE OF S.D.

Civ. No. 94-3002.

876 F.Supp. 209 (1995)

CHANCE MANAGEMENT, INC., a South Dakota corporation, and William A. Sanders, a Wyoming resident, Plaintiffs, v. STATE OF SOUTH DAKOTA; Mark W. Barnett in his official capacity as Attorney General of South Dakota; the South Dakota Lottery; Susan Walker, in her official capacity as Executive Director of the South Dakota Lottery; and H.I. King, Beverly McCracken, Elaine Emery, Don Bender, Burdette Solum, and John E. Carmody, Sr., in their official capacities as members of the South Dakota Lottery Commission, Defendants.

United States District Court, D. South Dakota, Central Division.

February 21, 1995.

Attorney(s) appearing for the Case

Steven W. Sanford, Cadwell, Sanford & Deibert, Sioux Falls, SD, for plaintiffs.

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, SD, for defendants.

Lee M. McCahren, Vermillion, SD, for S.D. Lottery.

MEMORANDUM OPINION AND ORDER

JOHN B. JONES, Senior District Judge.

Plaintiff Chance Management, Inc. (Chance) is a South Dakota corporation whose majority stock ownership is held by plaintiff William A. Sanders (Sanders), a Wyoming resident. SDCL § 42-7A-43 restricts licenses for video lottery machine operators (machine operators) to South Dakota residents, or partnerships or corporations whose majority ownership is held by South Dakota residents. After...

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