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KOKOCHAK v. WEST VIRGINIA STATE LOTTERY

Nos. 35299, 35300.

695 S.E.2d 185 (2010)

David KOKOCHAK, Petitioner Below, Appellee, v. The WEST VIRGINIA STATE LOTTERY COMMISSION, a State Agency, Respondent Below, Appellant. Parkersburg BPO Elks Lodge # 198, Petitioner Below, Appellant, v. The West Virginia State Lottery Commission, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided April 26, 2010.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Scott E. Johnson, Assistant Attorney General, Charleston, WV, for the Appellant in Case Number 35299.

William B. Richardson, Jr., Richardson & Campbell Lawyers, Parkersburg, WV, for the Appellant in Case Number 35300.

Michael Edward Nogay, Sellitti, Nogay & McCune, PLLC, Weirton, WV, for the Appellee in Case Number 35299.

Darrell V. McGraw, Jr., Attorney General, Scott E. Johnson, Assistant Attorney General, Charleston, WV, for the Appellee in Case Number 35300.

DAVIS, Chief Justice:

These consolidated cases involve the validity of § 179-7-2.2 (2008) of the West Virginia Code of State Rules. In Case Number 35299, the appellant herein and defendant below, the West Virginia State Lottery Commission (hereinafter "the Commission"), appeals from an order entered August 4, 2009, by the Circuit Court of Kanawha County. By that order, the circuit court found that W. Va.C.S.R. §...

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