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LEMIEUX v. TRI-STATE LOTTO COM'N

No. 94-590.

666 A.2d 1170 (1995)

Joseph LEMIEUX, Jr., et al. v. TRI-STATE LOTTO COMMISSION.

Supreme Court of Vermont.

August 11, 1995.

Attorney(s) appearing for the Case

Colin R. Benjamin of Benjamin & Kazmarski, P.C., Newport, and Richard H. Saudek of Cheney, Brock, Saudek & Mullett, P.C., Montpelier, for plaintiffs-appellants.

Jeffrey L. Amestoy, Attorney General, and Mark J. Di Stefano, Assistant Attorney General, Montpelier, for defendant-appellee.

M. Jerome Diamond and Joshua R. Diamond of Diamond & Associates, P.C., Montpelier, for amici curiae Allen and Bach Investment Co.

Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ., and BRYAN, Supr. J., Specially Assigned.

DOOLEY, Justice.

Plaintiffs Joseph Lemieux and Singer Freidlander Corp. appeal from the Washington Superior Court's grant of summary judgment to defendant Tri-State Lotto Commission, holding that defendant does not have to honor an assignment of lottery winnings between the plaintiffs. Plaintiffs argue on appeal that a rule promulgated by defendant barring assignment of lottery winnings is invalid because it (1) directly contravenes the intent of the Legislature,...

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