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BLACK HILLS NOVELTY CO. v. S.D. COM'N

Nos. 18245, 18257.

520 N.W.2d 70 (1994)

BLACK HILLS NOVELTY COMPANY, INC., Plaintiff and Appellee, v. SOUTH DAKOTA COMMISSION ON GAMING, Defendant and Appellant, and Sodak Gaming Supplies, Inc., and IGT, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Reassigned April 29, 1994.

Decided August 3, 1994.

Rehearing Denied September 12, 1994.

Attorney(s) appearing for the Case

Thomas H. Harmon of Tieszen Law Office, Pierre, for plaintiff and appellee.

Michael F. Shaw of May, Adam, Gerdes & Thompson, Pierre, for defendant and appellant South Dakota Com'n on Gaming.

Mark F. Marshall of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and appellants Sodak Gaming Supplies, Inc. and IGT, Inc.

MILLER, Chief Justice (on reassignment).

This is an appeal from a declaratory judgment action in which a trial court determined the enactment of ARSD 20:18:17:24.14 was an unconstitutional exercise of authority by the South Dakota Commission on Gaming. We reverse and remand.

FACTS

"Quartermania" is the trade name for a group of progressive slot machines in Deadwood, South Dakota. "Progressive" means...

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