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WENNER v. TEXAS LOTTERY COM'N

No. 96-21074.

123 F.3d 321 (1997)

Scott WENNER, Plaintiff-Appellant, and BDM Enterprises, Inc., also known as Heart's Discount Liquor, Intervenor Plaintiff-Appellant, v. TEXAS LOTTERY COMMISSION, Anthony Sadberry, Richard Daly, Jan Hart, Nora A. Linares, and Linda Cloud, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 30, 1997.

Attorney(s) appearing for the Case

Craig L. Stahl, Stephen J. Joncus, Brace-well & Patterson, Houston, TX, Dale Ossip Johnson, Johnson & Bearden, Austin, TX, for Plaintiff-Appellant.

Rick Brass, Houston, TX, Charles Richard Fine, Ray, Wood & Fine, Austin, TX, for Intervenor Plaintiff-Appellant.

Henry Clay McGuffey, Dewey E. Helmcamp, III, Austin, TX, for Defendants-Appellees.

Before DUHÉ and BARKSDALE, Circuit Judges, and COBB, District Judge.

HOWELL COBB, District Judge:

This suit arose after the Plaintiff purchased a winning Texas lottery ticket and the defendants refused to honor it. The Plaintiff filed suit in the federal district court for the Southern District of Texas asking the court to order performance. The district court granted summary judgment for the defendant on grounds that the purchase of the ticket was illegal under the Violent Crime Control and Law Enforcement Act of 1994 and therefore...

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