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37 GAMBLING DEVICES (CHEYENNE ELKS) v. STATE

No. 83-199.

694 P.2d 711 (1985)

37 GAMBLING DEVICES (CHEYENNE ELKS CLUB AND CHEYENNE MUSIC AND VENDING, INC.), Appellants (Defendants), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

Rehearing Denied March 4, 1985.

Attorney(s) appearing for the Case

Douglas J. Moench, Jr., Cole & Moench, Cheyenne, for appellants.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Mary B. Guthrie, Senior Asst. Atty. Gen., and John W. Renneisen, Senior Asst. Atty. Gen., for appellee.

Before THOMAS, C.J., ROSE, BROWN and CARDINE, JJ., and RAPER, J., Retired.

THOMAS, Chief Justice.

The key issue which we address in this case is a claim of exemption from the Wyoming statutes prohibiting gambling, which is premised on the ground that the accused activities consisted of "raffles or bingo conducted by charitable or nonprofit organizations." The appellants also argue at length a claim that the trial court erred in refusing to take judicial notice of the claimed fact that the Elk's Lodge is a nonprofit

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