SMITH v. VIDEO LOTTERY CONSULTANTS, INC.

No. 93-097.

858 P.2d 11 (1993)

Richard W. SMITH, d/b/a High Plains Gaming-Smith Brothers Amusements; Dennis H. Daniels, d/b/a Fleetwood Amusement of Missoula; David G. Kelman, d/b/a American Music Company; Evelyn Kelman, d/b/a Archer's Casino; Thomas Heisler, d/b/a Bingo Bonanza; CharclesP. Wieck, d/b/a Bedrock Gaming; Jon L. Dehler, d/b/a Fleetwood Amusements; and Glen Alexander, d/b/a Ace Amusement, Plaintiffs and Appellants, v. VIDEO LOTTERY CONSULTANTS, INC., a Montana corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided August 17, 1993.


Attorney(s) appearing for the Case

George T. Radovich, Billings, for plaintiffs and appellants.

Tom Stonecipher and Peter M. Kirwan, Kirwan & Barrett, P.C., Bozeman, for defendant and respondent.


NELSON, Justice.

This is an appeal from an Order of the Eighteenth Judicial District Court granting Defendant's (Video Lottery's) motion to dismiss the Plaintiffs' amended complaint for failure to state a claim upon which relief may be granted. We affirm in part and reverse in part.

We restate the issues on appeal as follows:

1. Did the District Court err in dismissing the Plaintiffs' restraint of trade claim against Video Lottery?

2. Did the...

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