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POPPEN v. WALKER

No. 18374.

520 N.W.2d 238 (1994)

Henry A. POPPEN, Charles Q. Mateer, and Della Wishard, Plaintiffs and Appellants, v. Susan WALKER, Director of South Dakota Lottery, and John Theeler, Charles Burke, H.I. King, III, Elaine Emery, Gary Richards, Beverly McCracken, and John Carmody, Members of South Dakota Lottery Commission, and Donald D. Archer, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 22, 1994.

Rehearing Denied August 9, 1994.

Attorney(s) appearing for the Case

Kent R. Cutler and Michael S. Simpkins, Cutler & Simpkins, Sioux Falls, for plaintiffs and appellants.

Mark W. Barnett, Atty. Gen., Larry Long, Charles D. McGuigan, Jeffrey P. Hallem, Asst. Attys. Gen., Pierre, for defendant and appellee State of S.D.

Thomas J. Welk, Michael S. McKnight of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for defendant and appellee Donald D. Archer.

STEELE, Circuit Judge.

Plaintiffs appeal from a grant of summary judgment for the defendants. We reverse and remand.

PROCEDURAL HISTORY

On November 30, 1992, the Plaintiffs filed this action seeking an alternative writ of prohibition restraining the defendants (State) from operating video lottery and a writ of mandamus requiring the immediate revocation of video lottery licenses. Both parties filed cross...

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