Albertson's, Inc. v. Hansen

DURHAM, District Judge:

Plaintiff, a retail grocery chain, filed this action for a declaratory judgment, seeking a determination that its retail sales promotion known as “Double Cash Bingo” was *984not within the definitions of “gambling” or “lottery” in Sec. 76-10-1101 of the Penal Code. The material facts were not in dispute. Plaintiff filed a motion for summary judgment that it was not subject to prosecution for violation of the Penal Code by conducting Double Cash Bingo. The defendants filed cross-motions to dismiss. The trial court entered judgment dismissing plaintiff’s action. The judgment…