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INFINITY GROUP, INC. v. MANZAGOL

No. 14929.

884 P.2d 523 (1994)

118 N.M. 632

INFINITY GROUP, INC.; New Mexico Amateur Hockey Association; Scholastic, Inc.; New Era Education, Inc.; Eugene P. Long, Disabled American Veterans Chapter 32; Kiddie Kollege of Albuquerque, Inc.; The Albuquerque Sertoma Club, Inc.; Disabled American Veterans, Department of New Mexico; Sandia Mountain Lions Club; American Legion Post 122; Family Enrichment Center; Rio Grande Wrestling Club, Inc.; Albuquerque Speech & Hearing; Democratic Party of Bernalillo County; Telephone Pioneers of America; and Quantum Corporation, Plaintiffs-Appellants, v. Jerry MANZAGOL, Superintendent, Regulation and Licensing Department of the State of New Mexico, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied October 18, 1994.

Attorney(s) appearing for the Case

John T. Porter, John T. Porter, P.A., Albuquerque, for plaintiffs-appellants.

Tom Udall, Atty. Gen., Joel Cruz-Esparza, Asst. Atty. Gen., Santa Fe, for defendant-appellee.

OPINION

PICKARD, Judge.

This case presents the sole issue of whether machines that electronically simulate the game of pull tabs are allowed by the Bingo and Raffle Act, NMSA 1978, §§ 60-2B-1 to -14 (Repl.Pamp.1991). We hold that the Act allows for the operation of such machines by those organizations covered by the Act.

BACKGROUND

The purpose of the Act, which was passed in 1981, "is to make lawful and regulate...

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