WESTERN TELCON, INC., et al., Plaintiffs and Appellants,
v.
CALIFORNIA STATE LOTTERY, Defendant and Respondent; CALIFORNIA-NEVADA INDIAN GAMING ASSOCIATION, Intervener and Respondent.
Supreme Court of California.https://leagle.com/images/logo.png
June 24, 1996.
June 24, 1996.
Attorney(s) appearing for the Case
COUNSEL
Gibson, Dunn & Crutcher, Shauna Weeks, Robert Forgnone, Seyfarth, Shaw, Fairweather & Geraldson, Jerry M. Hill, Alexander H. Pope and David D. Jacobson for Plaintiffs and Appellants.
Gil Garcetti, District Attorney (Los Angeles), George M. Palmer and Brentford J. Ferreira, Deputy District Attorneys, James P. Fox, District Attorney (San Mateo), Michael R. Capizzi, District Attorney (Orange), George W. Kennedy, District Attorney (Santa Clara), Michael D. Bradbury,
District Attorney (Ventura), Susan Massini, District Attorney (Mendocino), Nielsen, Merksamer, Parrinello, Mueller & Naylor, Paul H. Dobson, John E. Mueller, Steven A. Merksamer and Richard D. Martland as Amici Curiae on behalf of Plaintiffs and Appellants.
Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Floyd D. Shimomura, Assistant Attorney General, Linda A. Cabatic, Cathy Christian and Manuel M. Medeiros, Deputy Attorneys General, for Defendant and Respondent.
John Winkelman, Art Bunce, Levine & Associates, Jerome L. Levine, Frank R. Lawrence, Dickstein & Merin, Howard L. Dickstein, Alexander & Karshmer, George Forman, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Glenn M. Feldman, Rapport & Marston, David J. Rapport and Lester J. Marston for Intervener and Respondent.
Fred J. Hiestand as Amicus Curiae on behalf of Intervener and Respondent.
Supreme Court of California.
OPINION
WERDEGAR, J.
May the California State Lottery, consistent with its constitutional and statutory authority, operate the game it calls Keno? After examining California law on lotteries and other forms of gambling, we conclude it may not, for a simple reason: California State Lottery Keno is not a lottery. As operated by the California State Lottery, Keno does not meet the statutory definition of a "lottery game" (Gov. Code,...
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