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LOUISIANA HORSEMEN'S ASS'N v. FAIR GROUNDS

No. 2002-C-1928.

845 So.2d 1039 (2003)

LOUISIANA HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION 1993, INC. v. FAIR GROUNDS CORPORATION, First Statewide Racing Company, Inc., d/b/a Evangeline Downs, Louisiana Downs, Inc., Delta Downs Racing Association, Inc. and Louisiana Department of Public Safety and Corrections.

Supreme Court of Louisiana.

Rehearing Denied June 6, 2003.

Attorney(s) appearing for the Case

C. James Gelpi, New Orleans, Stephen L. Lee, Harry T. Lemmon, Steven C. Thompson, for Applicant.

Juston M. O'Brien, Michael H. Rubin, McGlinchey Stafford; Charles W. Salley, Lunn, Irion, Johnson, Salley & Carlisle; James P. Dore, Amy Louise deGeneres Berret, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarmen; Henry C. Perret, Jr., John W. Kolwe, Boyd A. Bryan, Perret, Doise; Richard D. Moreno, Wright & Moreno; Richard P. Ieyoub, Attorney General, L. Rand Dennis, Asst. Attorney General, David B. Garraway, Crews R. LeBlanc, Alan J. Berteau, Baton Rouge, for Respondent.

TRAYLOR, Justice.

We granted the writ application to determine whether the court of appeal erred in reversing the trial court's grant of partial summary judgment in favor of the plaintiff. For the reasons which follow, we reverse the court of appeal, and reinstate the judgment of the trial court.

FACTS and PROCEDURAL HISTORY

In 1991, the legislature approved the placing of video poker devices at horse racing tracks and off-track betting facilities...

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