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KELLY v. FIRST ASTRI CORP.

No. D028362.

84 Cal.Rptr.2d 810 (1999)

72 Cal.App.4th 462

David M. KELLY et al., Plaintiffs and Appellants, v. FIRST ASTRI CORPORATION et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

Review Denied September 1, 1999.

Attorney(s) appearing for the Case

Joel L. Incorvaia and Anna M. Mueller, Incorvaia & Associates, San Diego, for Plaintiffs and Appellants.

Law Offices of Anton N. Handal, Marianne S. Johnson and Anton N. Handal, San Diego, for Defendants and Respondents.

NARES, Acting P.J.

Plaintiffs David M. Kelly, David R. Smith, and Dominick Spinale (collectively Kelly) appeal from a summary judgment in favor of defendants First Astri Corporation, Stanley Dru, and Ricci La Brake (collectively respondents) on Kelly's fourth amended complaint for recovery of gambling losses at the Sycuan Gaming Center (the Sycuan Casino) located on the Sycuan Indian Reservation. Kelly, while providing the "bank" for card games of

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