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STANSELL v. NEW MEXICO LOTTERY

Nos. 28,241, 28,505.

211 P.3d 214 (2009)

2009-NMCA-062

Randy STANSELL, Kenneth Nutt, and Chris Canning, Individually, And On Behalf of Others, Similarly Situated, Plaintiffs-Appellants, v. The NEW MEXICO LOTTERY, Defendant-Appellee. Randy Stansell, Kenneth Nutt, and Chris Canning, Individually, And On Behalf of Others, Similarly Situated, Plaintiffs-Appellees, v. The New Mexico Lottery, Defendant-Appellant.

Court of Appeals of New Mexico.

May 14, 2009.

Attorney(s) appearing for the Case

Warren F. Frost, P.C., Warren F. Frost, Logan, NM, for Appellants/Appellees.

Conklin, Jenke, Woodcock & Ziegler, P.C., Robert C. Conklin, Jacqueline M. Woodcock, John K. Ziegler, Albuquerque, NM, for Appellee/Appellant.

OPINION

WECHSLER, Judge.

{1} Plaintiffs Randy Stansell, Kenneth Nutt, and Chris Canning appeal the district court order dismissing their Unfair Practices Act claims, and the New Mexico Lottery (the Lottery) appeals the district court order denying its motion for attorney fees. We conclude that the Lottery is not a "person" under the Unfair Practices Act (UPA), NMSA 1978, §§ 57-12-1 to -26 (1967, as amended through 2007). We further...

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