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Laws-info.com » Cases » Georgia » Supreme Court of Georgia » 2011 » S10G1808. KYLE et al. v. GEORGIA LOTTERY CORPORATION
S10G1808. KYLE et al. v. GEORGIA LOTTERY CORPORATION
State: Georgia
Court: Supreme Court
Docket No: S10G1808
Case Date: 11/21/2011
Preview:Final Copy 290 Ga. 87 S10G1808. KYLE et al. v. GEORGIA LOTTERY CORPORATION et al. MELTON, Justice. Appellants George Kyle and Frank Mankovitch (collectively Kyle) sued appellees Georgia Lottery Corporation (GLC) and Scientific Games International (SGI) asserting trademark infringement, deceptive trade practices, and breach of contract stemming from GLC's "Money Bags" lottery games of 2005 and 2007. The trial court granted GLC's motion to dismiss for lack of subject matter jurisdiction based on sovereign immunity, and alternatively granted motions for summary judgment brought by both GLC and SGI with respect to the claim of trademark infringement. Kyle appealed to the Court of Appeals, which affirmed the trial court's ruling in its entirety. Kyle v. Ga. Lottery Corp., 304 Ga. App. 635 (698 SE2d 12) (2010). This Court granted certiorari and posed the following questions: (1) Did the Court of Appeals err in finding that the Georgia Lottery Corporation was entitled to assert sovereign immunity as a bar to a suit raising claims arising outside the Georgia Tort Claims Act? and (2) Did the Court of Appeals err in finding that OCGA
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