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GALLATIN COUNTY v. D & R MUSIC & VENDING

No. 82-461.

676 P.2d 779 (1984)

GALLATIN COUNTY, Plaintiff and Appellant, v. D & R MUSIC & VENDING, INC., Defendant and Respondent.

Supreme Court of Montana.

Decided February 3, 1984.

Rehearing Denied March 2, 1984.

Attorney(s) appearing for the Case

A. Michael Salvagni, County Atty., Bozeman, Marc Racicot, Helena, Pablo Perhacs, Sp. Deputy Gallatin County Atty., Billings (argued), Robert Deschamps, co-special Deputy County Atty. for Gallatin County, Missoula (argued), for plaintiff and appellant.

Harrison, Loendorf & Poston, John P. Poston (argued), Helena, Wellcome & Frost, Page Wellcome, Bozeman, for defendant and respondent.

Loble & Pauly, Lester Loble, Helena, amicus curiae, for United Methodist Church.

HASWELL, Chief Justice.

The question in this case is whether an electronic poker machine called Draw-80 Poker is legal in Montana. The District Court held it was. We reverse.

This matter arose with the Gallatin County attorney requesting a declaratory judgment that electronic poker machines be declared slot machines and therefore illegal. Contemporaneously, a mandamus action was pending in the same court requesting Gallatin County be required to license keno...

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