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TEXAS LOTTERY v. SCIENTIFIC GAMES INTERN.

No. 03-02-00439-CV.

99 S.W.3d 376 (2003)

TEXAS LOTTERY COMMISSION and Linda Cloud, Executive Director, Appellants, v. SCIENTIFIC GAMES INTERNATIONAL, INC. and Pollard Banknote Limited, Appellees.

Court of Appeals of Texas, Austin.

February 21, 2003.

Attorney(s) appearing for the Case

Sarah C. Wells, Linda Ibach Shaunessy, Assistant Attorneys General, Financial Litigation Division, Austin, for appellants.

Peter A. Nolan, Winstead, Sechrest & Minick, PC, Austin, for Pollard.

Albert R. Axe Jr., William M. Parrish, Janessa M. Glenn, Jenkens & Gilchrist, PC, Austin, for Scientific.

Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.

OPINION

BEA ANN SMITH, Justice.

In February 2002, the Executive Director of the Texas Lottery Commission publicly announced that she would begin to take into account a vendor's anticipated economic impact on the state in awarding contracts worth over $100,000. Scientific Games International, Inc. (SGI) and Pollard Banknote Limited, two out-of-state companies that design and manufacture instant-ticket games for state lotteries, sought a declaratory...

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