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SMITH v. STATE LOTTERY COM'N OF IND.

No. 49A05-9802-CV-59.

701 N.E.2d 926 (1998)

Tom SMITH, individually and as class representative of all others similarly situated, Appellants-Plaintiffs, v. The STATE LOTTERY COMMISSION OF INDIANA, Appellee-Defendant.

Court of Appeals of Indiana.

Opinion Clarifying Decision on Rehearing February 8, 1999.

Attorney(s) appearing for the Case

Richard A. Waples, Waples & Hangar, Indianapolis, for Appellants-Plaintiffs.

David K. Herzog, James W. Clark, Baker & Daniels, Indianapolis, for Appellee-Defendant.

OPINION

BAKER, Judge.

Appellants-plaintiffs Tom Smith and all others similarly situated (Smith), appeal from the trial court's dismissal of their complaint for breach of contract against the appellee-defendant State Lottery Commission of Indiana (Lottery). Specifically, Smith contends that the trial court erred in dismissing his cause of action for lack of subject matter jurisdiction and determining that Smith was bound to exhaust administrative remedies...

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