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FINSTER v. KELLER

Docket No. 10395.

18 Cal.App.3d 836 (1971)

96 Cal. Rptr. 241

JOHN ALAN FINSTER et al., Plaintiffs and Appellants, v. JAMES DON KELLER, as District Attorney, etc., et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

July 22, 1971.

Attorney(s) appearing for the Case

COUNSEL

Hervey & Mitchell, Hervey, Mitchell & Ashworth and Edgar B. Hervey for Plaintiffs and Appellants.

Thomas C. Lynch, Attorney General, Charles B. McKesson, Deputy Attorney General, Bertram McLees, Jr., County Counsel, Donald L. Clark, Deputy County Counsel, James Don Keller, District Attorney, and Richard H. Bein, Deputy District Attorney, for Defendants and Appellants.

OPINION

WHELAN, J.

John Alan Finster (Finster) and Doris Effie (Effie), plaintiffs, sought and were found by the trial court to have standing to seek declaratory relief whether a certain scheme for obtaining a possible large return of money for an insignificant investment is a lottery, within the definition of Penal Code section 319. They appeal from the judgment holding the scheme to be a lottery as a matter of law.

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