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DEPARTMENT OF LEGAL AFF. v. WINSHARE CLUB OF CANADA

No. 87-1641.

530 So.2d 348 (1988)

DEPARTMENT OF LEGAL AFFAIRS, Appellant, v. WINSHARE CLUB OF CANADA, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 7, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Nikki Ann Clark, Asst. Atty. Gen., Tallahassee, for appellant.

David L. Fleming, Pensacola, and George Adams, Orlando, for appellees.

DAUKSCH, Judge.

This is an appeal from an order declaring section 849.09, Florida Statutes (1985), unconstitutional as violative of the commerce clause of the United States Constitution.

Appellees advertise and promote the sale of foreign states' and foreign nations' lottery tickets. The State of Florida sought an injunction against appellees to prohibit their marketing of the lottery tickets. The complaint alleged that appellees directly solicited Florida...

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