RCS GAMING, INC. v. STATE THROUGH GAMING CONTROL BD.

No. 97 CW 2317.

705 So.2d 1124 (1997)

RCS GAMING, INC., v. The STATE of Louisiana, Through the LOUISIANA GAMING CONTROL BOARD.

Court of Appeal of Louisiana, First Circuit.

November 19, 1997.


Attorney(s) appearing for the Case

Thomas A. Warner, III, Assistant Attorney General, Baton Rouge, for Relator The Louisiana Gaming Control Board.

Lewis O. Unglesby, Karl J. Koch, Baton Rouge, for Respondent RCS Gaming, Inc.

Before GONZALES and PARRO, JJ., and TYSON, J. Pro Tem.


PER CURIAM.

The trial court's ruling of October 9, 1997, denying the defendant's exception of prematurity is reversed in part.

In its first amending and supplemental petition, RCS Gaming, Inc. (RCS) challenges the validity of the Louisiana Gaming Control Board's (Board) Rule 104. RCS argues that Rule 104(1) was adopted in violation of the Louisiana Gaming Control Law, (2) was adopted at a time when there were insufficient members on the Board to veto the Chairman...

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