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SECRETARY v. ST. AUGUSTINE CHURCH

766 S.W.2d 499 (1989)

SECRETARY OF STATE, Plaintiff-Appellee, v. ST. AUGUSTINE CHURCH/ST. AUGUSTINE SCHOOL, St. Pius X Church, Nashville, St. Mary's Church, Johnson City, Memphis Hebrew Academy and Anshei Sphard Beth El Emeth Congregation, the East Catholic Club of Memphis, Inc., Knights of Columbus East Memphis Council No. 4312, Knights of Columbus Council No. 5062, Inc. and Ave Maria Guild, Inc., Intervenors-Appellants.

Supreme Court of Tennessee, at Nashville.

February 27, 1989.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter, John Knox Walkup, Chief Deputy Atty. Gen., Jimmy G. Creecy, Chief Sp. Counsel, Perry Allan Craft, Deputy Atty. Gen., Steven A. Hart, Asst. Atty. Gen., Nashville, for plaintiff-appellee.

William M. Barrick, Nashville, William R. Bruce, J. Martin Regan, Jr., Bruce, Brandon & Regan, P.C., Louis F. Allen, Louis Jay Miller, Waring Cox, Memphis, James L. Bonner, Olive Branch, Miss. (Gilbert & Milom, Aleta Arthur, Nashville, of counsel), for intervenors-appellants.

Robert B. Littleton, Littleton, Weed & Hubbard, Robert C. Taylor, Taylor, Schlater, Lassiter, Tidwell & Trentham, Nashville, for amicus curiae.

OPINION

HARBISON, Justice.

This case involves the constitutionality of the State's "charitable bingo" statutes under the provisions of the Tennessee Constitution Article XI, section 5 which provides:

The Legislature shall have no power to authorize lotteries for any purpose and shall pass laws to prevent the sale of lottery tickets in this State.

The chancellor held unconstitutional certain statutes enacted by the General Assembly to exempt...

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