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OREGON RESTAURANT SERVICES v. STATE LOTTERY

98C-12676; A114146.

112 P.3d 398 (2005)

199 Or. App. 545

OREGON RESTAURANT SERVICES, INC., Respondent-Cross-Appellant, v. OREGON STATE LOTTERY and Oregon State Lottery Commission, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided May 18, 2005.

Attorney(s) appearing for the Case

Richard D. Wasserman, Attorney-in-Charge, Civil/Administrative Appeals Unit, argued the cause for appellants-cross-respondents. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jeffrey P. Chicoine, Portland, argued the cause and submitted the briefs for respondent-cross-appellant. With him on the briefs was Newcomb, Sabin, Schwartz & Landsverk, LLP.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and DEITS, Judge pro tempore.

LANDAU, P.J.

The Oregon State Lottery and the Oregon State Lottery Commission—which, unless otherwise indicated, we refer to collectively as "the lottery"—adopted a rule that states a policy of not contracting with businesses whose "dominant use or dominant purpose" is making money from lottery games. The lottery incorporated that rule into contracts with establishments that sell lottery products. This case...

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