CUDD v. Aschenbrenner

This is an appeal by the plaintiffs from a decree entered ;by the circuit court in a declaratory judgment proceeding which held that a promotion scheme conducted by the plaintiffs for the purpose of attracting customers to two grocery stores was a lottery under the provisions of ORS 167.405 and Article XV, Oregon Constitution. The defendant is Mr. L. A. Aschenbrenner, district attorney for Josephine County.

The promotion scheme or program which is in essence a weeHy “lucky draw,” is known as “Strike it Rich.” Anyone desiring to do so may enter one of the stores using the plaintiffs’ scheme and…