David BARBER, in his capacity as District Attorney for the Tenth Judicial Circuit of Alabama
v.
JEFFERSON COUNTY RACING ASSOCIATION, INC., d/b/a the Birmingham Race Course; and Innovative Sweepstakes Systems, Inc.
David Barber, in his capacity as District Attorney for the Tenth Judicial Circuit of Alabama
v.
Jefferson County Racing Association, Inc., d/b/a the Birmingham Race Course; and Innovative Sweepstakes Systems, Inc.
Supreme Court of Alabama.https://leagle.com/images/logo.png
December 1, 2006.
Rehearing Denied January 12, 2007.
Attorney(s) appearing for the Case
Matthew H. Lembke, Michael R. Pennington, and Marc James Ayers of Bradley Arant Rose & White, Birmingham, for appellant.
Wyatt R. Haskell, William M. Slaughter, J. Michael Rediker, Michael K.K. Choy, Michael C. Skotnicki, and Peter J. Tepley of Haskell Slaughter Young & Rediker, LLC, Birmingham; J. Mark White, Augusta S. Dowd, and William M. Bowen, Jr., of White Arnold Andrews & Dowd, P.C., Birmingham; John M. Bolton III of Sasser, Bolton, Stidham & Sefton, P.C., Montgomery; and G. David Johnston of Johnston, Hinesley, Flowers & Clenney, P.C., Dothan, for appellee Jefferson County Racing Association, Inc., d/b/a the Birmingham Race Course.
H. Hampton Boles, Alan T. Rogers, Ed R. Haden, Bingham D. Edwards, Jr., Matthew F. Carroll, and J. Eric Getty of Balch & Bingham, LLP, Birmingham, for appellee Innovative Sweepstakes Systems, Inc.
Kenneth D. Wallis II and Scott L. Rouse, Office of the Governor, Montgomery, for amicus curiae Governor Bob Riley, in support of the appellant.
Roy S. Moore, Gregory M. Jones, and Benjamin D. Dupré, Foundation for Moral Law, Montgomery, for amicus curiae Foundation for Moral Law, in support of the appellant.
Troy King, atty. gen., Kevin C. Newsom, deputy atty. gen., and Keith S. Miller, chief deputy atty. gen., for amicus curiae Attorney General Troy King, in support of the appellant.
Thomas W. Sorrells and Mike O'Dell, Dothan, for amicus curiae Alabama District Attorneys Association, in support of the appellant.
Supreme Court of Alabama.
WOODALL, Justice.
David Barber, in his capacity as District Attorney for the Tenth Judicial Circuit of Alabama, appeals from a judgment in favor of the Jefferson County Racing Association, Inc., d/b/a the Birmingham Race Course ("the JCRA"), and Innovative Sweepstakes Systems, Inc. ("Innovative") (referred to collectively as "the owners"), in the owners' action for injunctive and declaratory relief as to allegations that they are operating illegal gambling devices...
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