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KOEHLINGER v. STATE LOTTERY COM'N

No. 49A02-1003-CT-247.

933 N.E.2d 534 (2010)

Jeff KOEHLINGER and Jeff Frazier, 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.

September 7, 2010.

Attorney(s) appearing for the Case

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

Jon Laramore, James P. Hanlon, Matthew T. Albaugh, Baker & Daniels LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

BRADFORD, Judge.

Appellants/Plaintiffs Jeff Koehlinger and Jeff Frazier, as individuals and as class representatives of all others similarly situated ("Appellants"), appeal from the trial court's grant of summary judgment in favor of Appellee/Defendant the State Lottery Commission of Indiana ("the Lottery"). The Lottery contends that the trial court should have entered summary judgment in its favor on the ground that the Appellants did not exhaust...

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