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SMITH v. STATE LOTTERY COM'N OF INDIANA

No. 49A02-0310-CV-921.

812 N.E.2d 1066 (2004)

Tom H. SMITH and George Frankl, individually and as class representatives of all others similarly situated, Appellants-Plaintiffs, v. The STATE LOTTERY COMMISSION OF INDIANA, Appellee-Defendant.

Court of Appeals of Indiana.

Rehearing Denied October 20, 2004.

Attorney(s) appearing for the Case

Richard A. Waples, David R. Brimm, Waples & Hanger, Indianapolis, IN, Attorneys for Appellants.

James W. Clark, Baker & Daniels, John M. Ross, The State Lottery Commission of Indiana, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAILEY, Judge.

Case Summary

Appellants-Plaintiffs Tom Smith ("Smith") and George Frankl ("Frankl"), individually and as Class representatives of all others similarly situated, (collectively, "the Class"), appeal the trial court's grant of summary judgment in favor of Appellee-Defendant the State Lottery Commission ("the Lottery") on the Class's breach of contract claim.1 We affirm in part, reverse in part, and...

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