GOOTT v. STATE

No. 80-437.

630 P.2d 232 (1981)

Joseph GOOTT, Plaintiff and Respondent, v. STATE of Montana et al., Defendants and Appellants.

Supreme Court of Montana.

Decided July 2, 1981.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., argued, and Allen Chronister, Asst. Atty. Gen., argued, Helena, John Winston, County Atty., Butte, for defendants and appellants.

J. Mayo Ashley argued, Helena, for plaintiff and respondent.

Marc F. Racicot, County Prosecutor Services Bureau, Dowling Law Firm, John P. Poston, Helena, for amicus curiae.


HASWELL, Chief Justice.

Joseph Goott brought a declaratory judgment action in the Silver Bow County District Court to determine whether a gambling game marketed by Goott was lawful in Montana. The District Court held that the game known as "Poker All Keno" was lawful under the Montana Card Games Act, sections 23-5-301 et seq., MCA.

On appeal the State asks this Court to determine whether the game "Poker All Keno" is lawful under either the Montana Card Games...

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