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STATE, DEPT. OF FINANCE v. RESOURCE SERV. CO., INC.

No. 22211.

950 P.2d 249 (1997)

130 Idaho 877

STATE of Idaho, DEPARTMENT OF FINANCE, Plaintiff-Respondent, v. RESOURCE SERVICE CO., INC., a Wisconsin Corporation, Fred L. Engle, and their agents and representatives, Defendants-Appellants.

Supreme Court of Idaho, Boise, December 1996 Term.

Rehearing Denied February 5, 1998.

Attorney(s) appearing for the Case

Ormiston, Korfanta, Dunbar & Holland, Steven R. Ormiston; Eberle, Berlin, Kading, Turnbow & McKlveen, Chtd., Richard A. Riley, Boise, for Defendants-Appellants.

Alan G. Lance, Attorney General; Michael J. McDonagh, Deputy Attorney General, Boise, for Plaintiff-Respondent.

SCHROEDER, Justice.

Resource Service Co., Inc. (RSC) appeals from an order of the district court granting summary judgment in favor of the Idaho Department of Finance (Department) based upon a determination that RSC was marketing a security in violation of various provisions of the Idaho Securities Act (Act). I.C. §§ 30-1401 to 30-1458.

RSC solicited a $40.00 fee from customers to enter their names in a Bureau of Land Management (BLM) lottery for...

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