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STATE v. MAILLARD

No. 44A03-9706-CV-198.

695 N.E.2d 637 (1998)

STATE of Indiana and Timothy J. Cain, Prosecuting Attorney of LaGrange County, Appellants-Defendants, v. John MAILLARD, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 12, 1998.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, Carol A. Nemeth, Deputy Attorney General, Indianapolis, for Appellants-Defendants.

Bill D. Eberhard, Jr., Steele, Ulmschneider, & Eberhard, LaGrange, for Appellee-Plaintiff.

OPINION

HOFFMAN, Judge.

The State of Indiana appeals a trial court determination that "`Pot O Silver' machines owned by Plaintiff are not gambling devices as defined by Indiana Code § 35-45-5-1." The facts relevant to review are recited below.

In April 1996, Maillard's late wife, Jill, instituted proceedings for a declaratory judgment as to whether "quarter slide" or "quarter pusher" machines she owned constituted gambling devices pursuant to...

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