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PARSONS v. SOUTH DAKOTA LOTTERY COM'N

No. 17994.

504 N.W.2d 593 (1993)

Ron PARSONS, Jr., and George Z. Peterson for themselves and others similarly situated, Plaintiffs and Appellants, v. The SOUTH DAKOTA LOTTERY COMMISSION and Its Executive Director, Susan Walker; Michael Dacy, Diane Dacy, Scott M. Anshutz, Julie A. Anshutz, and Dacshutz, Inc., d/b/a Mr. "G's"; Ionia Klein; and Robin Parsons, Defendants and Appellees.

Supreme Court of South Dakota.

On Reassignment April 8, 1993.

Decided August 4, 1993.

Attorney(s) appearing for the Case

Arlo D. Sommervold, James E. Moore of Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiffs and appellants.

Lee M. McCahren, Vermillion, for defendant and appellee South Dakota Lottery Com'n and its Executive Director Susan Walker.

Wally Eklund, Charles Rick Johnson, Michael Abourezk and Stephanie Pochop, Johnson, Eklund & Abourezk, Gregory, for defendants and appellees Michael Dacy, Diane Dacy, Scott M. Anshutz, Julie A. Anshutz and Dacshutz, Inc., d/b/a Mr. G's.

Lawrence L. Piersol, Cheryle Wiedmeier of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee Ionia Klein.

HURD, Circuit Judge (on reassignment).

Ron Parsons, Jr. and George Z. Peterson appeal from the trial court's order denying their cross-motion for summary judgment and granting summary judgment to the South Dakota Lottery Commission, Susan Walker, Ionia Klein, Michael Dacy, Diane Dacy, Scott M. Anshutz, Julie A. Anshutz, Dacshutz, Inc., and Robin Parsons. We affirm.

FACTS

This appeal involves a dispute over the proper ownership of a $12.4 million...

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