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SIMMS v. NAPOLITANO

No. 1 CA-CV 02-0281.

73 P.3d 631 (2003)

205 Ariz. 500

Jeremy E. SIMMS, Plaintiff-Appellee, v. Janet NAPOLITANO, Governor of Arizona; and Paul Bullis, Director of the Arizona Department of Gaming, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

August 5, 2003.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C. by Mr. Douglas Gerlach and Mr. Gerald W. Alston, Phoenix, Attorneys for Plaintiff-Appellee.

Lewis and Roca LLP by Mr. Frederick R. Petti and Ms. Patricia K. Norris, Phoenix, Attorneys for Defendants-Appellants.

Terry Goddard, Attorney General by Mr. Mark Brnovich, Phoenix, Attorney for Defendants-Appellants.

OPINION

GEMMILL, Judge.

¶ 1 The Governor of Arizona and the Director of the Department of Gaming (collectively the "State")1 appeal a trial court ruling prohibiting the Arizona Department of Gaming ("Department") from denying an applicant's request to withdraw his application for certification to provide gaming services. Because we conclude that the Department has the implied...

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