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STATE v. POSEY

No. 87-1677.

40 Ohio St. 3d 420 (1988)

THE STATE OF OHIO ET AL., APPELLEES, v. POSEY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 30, 1988.

Attorney(s) appearing for the Case

Ronald J. O'Brien, city attorney, James J. Fais, city prosecutor, and Maria O. Juskiw, for appellees state of Ohio and city of Columbus.

John A. Connor II Co., L.P.A., and John A. Connor II, for appellants.

WRIGHT, J.

Three questions are presented to us for review. The first is whether the FOE, a nonprofit fraternal organization, can ever be found to have engaged in gambling for profit in violation of R.C. 2915.02. The second is whether application of R.C. 2915.02 to the FOE is consistent with the equal protection guarantees of the United States and Ohio Constitutions in light of certain exemptions from prosecution granted to other purely charitable institutions by division...

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