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ALBERTSON'S, INC. v. HANSEN

No. 15775.

600 P.2d 982 (1979)

ALBERTSON'S, INC., Plaintiff and Appellant, v. Honorable Robert B. HANSEN, Attorney General of the State of Utah, and Honorable R. Paul Van Dam, County Attorney of Salt Lake County, Defendants and Respondents.

Supreme Court of Utah.

September 11, 1979.

Attorney(s) appearing for the Case

Ricardo B. Ferrari, Salt Lake City, for plaintiff and appellant.

Robert B. Hansen, Atty. Gen., Michael L. Deamer, Michael N. Martinez, Asst. Attys. Gen., Theodore L. Cannon, Salt Lake County Atty., Donald Sawaya, Deputy County Atty., Salt Lake City, for defendants and respondents.

DURHAM, District Judge:

Plaintiff, a retail grocery chain, filed this action for a declaratory judgment, seeking a determination that its retail sales promotion known as "Double Cash Bingo" was not within the definitions of "gambling" or "lottery" in Sec. 76-10-1101 of the Penal Code. The material facts were not in dispute. Plaintiff filed a motion for summary judgment that it was...

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