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FRATERNAL ORDER OF EAGLES SHERIDAN v. STATE

No. 05-57.

126 P.3d 847 (2006)

2006 WY 4

FRATERNAL ORDER OF EAGLES SHERIDAN AERIE NO. 186, INC., A Non-Profit Organization; Fraternal Order of Eagles Cheyenne Aerie No. 128, Inc., A Non-Profit Organization; and Dream Games of Arizona, Inc., Appellants (Plaintiffs/Petitioners-Intervenors,) v. The STATE of Wyoming by and through Jon R. FORWOOD, District Attorney for the First Judicial District; Matthew F. Redle, Sheridan County Attorney, in their official capacities enforcing the criminal laws of the State of Wyoming; the City of Cheyenne, a Municipal Corporation; and Carol Intlekofer, City Clerk, City of Cheyenne, Appellees (Defendants/Respondents).

Supreme Court of Wyoming.

January 10, 2006.

Attorney(s) appearing for the Case

Gay Woodhouse and Lori Brand, Gay Woodhouse Law Office, P.C., Cheyenne, Wyoming, for Appellants.

Patrick J. Crank, Wyoming Attorney General; Terry L. Armitage, Senior Assistant Attorney General; and Thomas W. Rumpke, Senior Assistant Attorney General, for Appellees State of Wyoming, Forwood, and Redle.

Michael D. Basom, Cheyenne City Attorney; and Claudia Ryan Angelos, Assistant Cheyenne City Attorney, for Appellees City of Cheyenne and Intlekofer.

Before HILL, C.J., and GOLDEN, KITE, VOIGT, JJ, and PRICE, D.J.

VOIGT, Justice.

[¶ 1] This is an appeal from a district court order finding that certain electronic games do not meet the statutory exclusion for "bingo," and therefore constitute illegal gambling. We affirm.

ISSUES

[¶ 2] 1. Did the district court apply the appropriate rules for the construction of penal statutes?

2. Did the district court err by ignoring the municipal code of the City of Cheyenne?

3. Were the district court...

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