Texas Lottery

A $508 Million TX Lottery Lawsuit
Filed Against G-Tech

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brought to you by
The Lotto Report


Continued Jan 26, 2016 - Dec 11, 2016 ...

Email Me


Current Fun 5's Update Page, Click here

Fun 5's Update Jan 26, 2016 - Dec 11, 2016 .. Shown Below

Fun 5's Update Jan 29, 2015 - Dec 7, 2015 ... Click here
Fun 5's Update Oct 3, 2014 - Dec 9, 2014 ...Click here

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Fun 5's Scratch Ticket
The Attorney's Representing Us Are
($508 Million TX Fun 5's Mass Action Lawsuit)
Manfred Sternberg
& Associates, P.C.
Attorneys at Law
4550 Post Oak Place, Suite 119
Houston, Texas 77027
Ph: 713-622-4300
Fax: 713-622-9899
Email: manfred@msternberg.com

Richard L. LaGarde
LaGarde Law Firm, P.C.
Houston Office:
3000 Weslayan Ste. 380
Houston, TX 77027
(713) 993-0660 Phone
(713) 993-9007 Fax
Complete form on their website


Mark Lanier
6810 FM 1960 West
Houston, Texas 77069
(713) 659-5200

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A Personal Look At Mary LaGarde - One of the Fun 5's Lawyers
A Woman With An Amazing Talent - read Dec 7, 2015 entry




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Editorial & Opinions by Dawn Nettles

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Dec 11, 2016 - On Oct 26, 2016, oral arguments were heard by the Appeals Court in Austin
with regard to G-Tech claiming they have Sovereign Immunity and can NOT be sued. I firmly
believe the courts will NOT give G-Tech immunity. Consumers have rights but G-Tech thinks
otherwise. We are currently awaiting the courts decision.

In my case in Dallas, oral arguments will be heard in January 2017.

Neither case will move forward until the immunity issued is settled once and for all. We have the
finest attorneys representing us and I do believe we will prevail in the end. G-Tech has deep pockets
and will continue to drag this out as long as they can. Let's just hope that the courts do the
same thing to G-Tech as they did to Donald Trump. In November, the courts refused to
allow Trump to stall (postpone) his case again. This was the case where folks sued over
Trump's University.

Interestingly, as we all know, Mr. Trump settled quickly rather than to go to trial at that time.
To me, this is a sign of guilt!

More later.

May 21, 2016 - Just thought I'd let you know that Richard LaGarde is still posting updates on
his "Leukemia Lottery" blog. I have not had time to keep up with much in the last several months so
today is the first time I've had to check to see what's been posted. Here is another link so you can see
how he's doing if you haven't already. He posts on top of his page so the latest updates will be
the first thing you read.

Also, this week the attorneys filed a brief with the 5th Court of Appeals on my case here in Dallas.
As you know, the appeal is in response to the Dallas court's ruling that G-Tech did have sovereign
immunity. I do believe, in my opinion - we will prevail with the appeal.

When I think about everything as a whole - the elections and the TX Legislature who allowed the TLC
to sell deceptive scratch tickets to consumers - I realize that I must be crazy to have faith in the "system."
But I do nonetheless. It seems inconceivable to me that any entity could get away with such actions.

The process takes time and we have to wait patiently for justice to prevail. And I believe - in the end - it will!

Do know, in the meantime, I'm not going anywhere and I will continue doing my lottery work. More later.

April 16, 2016 - As for another update on Richard LaGarde's leukemia battle, I am proud to say that
he is sharing his story online now. I want all of you to know that what he's written and shown takes
courage - real courage. I say this because he's sharing personal details and photo's - not everyone has
the nerve to do something like this.

In reading his story, you will feel his emotions - his up's and downs - he's done an excellent job in
expressing his feelings. You will find yourself scared, laughing, crying, angry and the such.

I seriously believe that many, many cancer patients will benefit from his story as will millions of
people who are fortunate enough to NOT have medical issues. You see, we all think we have day
to day problems but the truth is, we don't have problems in comparison those who are ill or disabled.

I can say this because my brother had stage 4 lung cancer and I was his sole care giver. In
taking him for daily treatments - I saw first hand how lucky I was and the "real" problems
other people faced. I no longer complain that I have a "problem" because I've witnessed
real problems and real courage.

Anyway, Richard named his bog "Leukemia Lottery" - a very fitting name as you will see. I'm
going to provide several links for you. I think you should all start reading from the beginning - March 11th.
To do so, scroll down to the bottom of the each page and work yourself up. He posts his latest posting
on top like we all do so this is why you need to start reading from the bottom.

Leukemia Lottery by Richard LaGarde - Home - Start reading from the bottom of this page
- the March 11th entry. Click here.

I beleive all postings are on his Home page but just in case ...

March 2016 - (remember - start reading from the bottom of this page), click here

April 2016 (again, start reading from the bottom of the page) - click here

On the left side of Richard's Leukemia Lottery blog, you'll find other links of interest.

Finally, good news, you can also leave him a message on his "Leukemia Lottery" blog if you want!

March 10, 2016 - PS - I forgot to mention that two new attorneys, Mark Lanier and Chris Gadoury have joined
Richard and Manfred. The court and G-Tech was recently notified. Everyone should read about them.

I feel we've been blessed in having such influential and successful attorneys representing TX Lottery players in
our quest for justice, honesty, consumer protection and fair games of chance. Now read on for Richard's update ...

March 10, 2016 - So many of you have written and called wanting information about Richard LaGarde - one of
our attorneys who learned unexpectedly that he had acute leukemia and is now under going treatment in Houston.

As for the question - how is he? I believe it would be safe to say that he is doing very well given his circumstances.
I realize most of you do not know him personally so let me tell you just a little bit about him. He is a health nut
meaning he eats healthy foods. He exercises regularly, does NOT smoke, does not drink, does not do drugs,
does not use ugly words and he does not gamble. Needless to say, I feel out of place when I'm around him
because I have many vices! <grin>

Having said all these nice things about him, I'd be willing to bet that he does have vices but I haven't identified
them yet! Gimme time and I will because nobody is perfect.

Bottom line - because he was in such good health when he was diagnosed, he should be able to with stand the
treatment much better than most people. So far, he is still working from his hospital room and riding his stationary
bike. Of late, he is weak due to his blood count being so low but that will go away.

As for an address to send him a get well card - send it to his office and Mary Pat, his wife, will take him his mail.
The address is:

Richard LaGarde, c/o LaGarde Law Firm, 3000 Weslayan Ste. 380, Houston, TX 77027.

Last, I'd like to express my heartfelt thanks for the very nice comments posted on Richard's blog about our team of lawyers,
me and especially for the prayers you have sent to Richard. I would think the comments help lift his spirits and as we all know,
attitude makes a huge difference in recovery. Having so many people that care truly helps.

We all hope he will be back at work soon. That's it for now.

Feb 25, 2016 - Great news - today the court ruled in favor of the players - G-Tech can be sued! The lawsuit
will move forward. All players want is a FAIR trial with 12 Texans sitting on a jury.

We want everyone to know first hand what the lottery and G-Tech does to unsuspecting players under the premise
that there's nothing the public can do because we have no consumer protection.

Here's the first story of many stories to come on the subject ... Time Warner News.

Feb 22, 2016 - A number of people have called to tell me that I needed to read the comments posted by players
after the Time Warner News story aired last week. Gawd - was that ever good advice! You should all go read what
the People of Texas think about the lottery. Click here - Time Warner News

Also, if you haven't read the comments posted by players on the Petition - you should do that too! Click here

Feb 21, 2016 - Before I start this editorial, I need for you to understand that I am wearing two hats now. First and foremost, I'm a
reporter - I disseminate TX Lottery information via my website. The information I provide consists of facts and editorials/opinions
on what the Texas Lottery is doing, why they are doing it and how it affects players/consumers. Many years ago the press named
me the Watch Dog of the Texas Lottery.

My second hat is that I am a plaintiff in a lawsuit against G-Tech. This second role has caused me to hesitate in my reporting for
legal reasons. And it shouldn't have. My personal life should not interfere with my work. But this is why I've been relatively quiet
with regards to the Fun 5's case.

But I'm going to speak up today - you've been hollering at me because I haven't written anything so here you go ... I'm going to
share some facts and some strong opinions so beware.

About Thursday's court hearing (02/18/16) ...
It was a huge stepping stone in moving forward with the Mass Action $508 million lawsuit filed in Austin. For those of you who may
not understand what the court proceeding was about ... in summary, G-Tech is claiming that you can't sue them because they enjoy
sovereign immunity. The legislature gave the TX Lottery sovereign immunity when it was created and G-Tech thinks they are
entitled to it as well. This is the sole issue before the court at the present time.

Hogwash!

Private sector companies do not enjoy sovereign immunity - meaning the company can not be sued for wrongdoing. All of us in
business can be sued - including G-Tech. G-Tech is an independent contractor who is in the scratch ticket business - they are
EXPERTS
. But these "experts" failed to change the instructions on a scratch ticket based on changes requested by the TLC.
The failure to make this change caused the ticket to be misleading to the consumer.

Logically speaking, anytime changes are made on anything - then that change often times effects other things. That my friend,
is just common sense. Yet all those "experts" and "smart folks" failed to identify the necessary change needed based on a
MAJOR change made to the parameters of the Fun 5's ticket.

FYI - G-Tech is also claiming they had absolutely nothing to do with it the language on the Fun 5 tickets - you know, that's the
same ticket they designed and sold to 4 other jurisdictions prior to selling it to the Texas Lottery. But this issue in NOT before
the courts at this time. Fortunately, this will be up to a jury to decide.

Anyway, the Judge in Austin, Judge Amy Meachum, was attentive, she cared, she asked questions and she said she was going to
read the briefs and responses prior to deciding this case. Win or lose - I think she's a good, fair judge. I believe she will rule
on the LAW. And I think the law is on our side.

Judge Meachum said she would rule rather quickly so I think we'll have a decision next week. I honestly expect her to rule that G-Tech
CAN be sued. If, by chance, she rules in G-Tech's favor, then I believe this will be the biggest injustice ever bestowed on the People.
If this happens, then you should thank your elected officials for discriminating against ONLY one segment of the public - they will have
sent a clear message saying ... lottery players and just lottery players alone shall have NO consumer protection and NO legal rights.

Some juicy details ... G-Tech employees deposed ...
What I find interesting is that during all the depositions of G-Tech employees, they all said under oath that to them, the language printed on
the Fun 5's ticket was absolutely clear that players had to have 3 fives before they could win 5 times the amount if a player uncovered a
money bag. As I listened to them testify, I was in shock that they would say the language was clear that the "money bag" was a multiplier.
If you'll remember, this is the same thing the Texas Lottery told you when you complained to them. Anyway, after hearing the testiony,
I went so far as to tell the attorneys afterwards, that there wasn't enough money in the world to get me to say something like this when
I KNOW better. And I firmly believe they knew better - actually, I KNOW they knew better.

Therefore, in my un-educated legal opinion, I believe they committed perjury. They ARE, after all, in the business of designing and
printing scratch tickets and they know that instructions must be VERY clear.

Not only that, but it was also revealed that both G-Tech and the TLC found out within a few days of launching the Fun 5's
game what really happened. They learned the language on Game 5 was written for winning tickets - meaning when
a player revealed a money bag - he would win 5 times the prize amount. So when the TLC said they wanted to put money bags on
non-winning tickets, G-Tech failed and/or neglected to change the instructions indicating that the money bag was a multiplier symbol.
The ticket was sold to players using language that was intended to appear ONLY on winning tickets.

So, at the time G-Tech employees were deposed - they all knew that this very language was used on winning tickets in four other
states/jurisdictions yet they still said - under oath - that it was their opinion that the language was clear that the money bag
was a "multiplier."

I really didn't intend to get into all this - I just get mad every time I think about the things they've done and said to me and to the people
of Texas. They really think we can't read and interpret English. They knew players were 100% right in their interpretations that they
had winning tickets. I'm sorry, but to me, this is so dishonest.

Rather they decided to continue selling fraudulent tickets thinking the people of TX would eventually accept the TLC's explanation of
what was "intended" - which was - if a "money bag" was revealed then it was a "multiplier symbol" AFTER you revealed 3 fives in
a row, line or horizontal first. They knowingly and intentionally LIED by telling you it was a "multiplier". They KNEW the language
was indicative of a winning ticket. I think they were also banking on the premise that there's nothing you could do about it.

Those of us in the private sector would NEVER get away with this. There are laws forbidding such tactics in communicating with
consumers.

About that "security reason" for changing the parameters ...
This is one thing I find comical. Ken, G-Tech's lawyer, keeps saying that TX made this change for "security reasons." He never
elaborates - you know why? Because the TX Lottery does not want it widely known or on the record that store clerks find ways
to identify winning tickets and keeps them for themselves. Then they sell players the losers.

Having just said this about the TLC not wanting store clerks to easily identify which tickets are winners - guess what? The TLC
just put out a game - $500 Million Money Mania - where EVERY ticket "wins a prize". Shoot - dishonest store clerks are
in hog heaven!

And the TLC is too. You know why? Because they are selling this ticket for $20 - but the true cost of the ticket is $15. This is
because all tickets "wins" a minimum of a $5 prize. As you see, the "wins" are not even break evens as the so-called "prize"
can be a mere $5. Yet they use the words "wins a prize " but that's not true either. Tell me, what did you "win" if you spent $20
and got $5 back. Me, I'd think I lost $15. I think it's deceptive advertising to tell players that all tickets "wins" a prize. But that's
just my opinion.

I've got to give Mr. Grief credit where credit is due ....
This time he certainly found an innovative way to inflate gross FY16 sales by a cool $30 million by charging $20 for a $15 ticket.
It's brilliant deception and inflation. Let me show you the math so you can see what I mean. They printed 6,102,825 scratch tickets.
At a sales price of $20 apiece, that's $122,056,500 in gross income. But at the true cost of $15 apiece ... 6,102,825 total tickets at
$15 apiece, well, that's just $91,542,375 in gross income. Yep, that's brilliant inflation by $30 million in gross sales to report at the
end of their fiscal year!!! <grin>

I want to take this opportunity ....
To thank those of you who said really nice things to me last week. I really appreciated your comments about having seen
Grief's deposition too. You're right - Mr. Grief does not care what players think or want - he's going to make decisions based on
what he "thinks" will increase sales. You know, like the failed Monopoly game, the failing Triple Chance game and the failing
All or Nothing game. This is also why we have unfair games of chance and why I've quit trying to get ya'll to comment
on rule changes. There's no sense in wasting our time. As you saw in Grief's deposition, he doesn't care what players think.

Anyway, I was pleased to see that players would make the trip to Austin to see first hand what transpires in court. I'm just real
sorry I didn't have the opportunity to visit more with ya'll.

As you also know, the press was there too. The story aired Thursday night. If you want to watch it. Click here.

10,000 Signatures Wanted ....
If you haven't already signed the petition calling for an honest lottery and fair games of chance, please do it now. The goal is
to reach 10,000 signatures. What you may not understand is that she's (Denice) is planning to give the petition to the Governor.
The Governor is the ONLY person who can take immediate action. She's close to 10,000 but not quite there yet.
PLEASE Click here to sign the petition if you haven't already done so.

In closing ....
As soon as I hear the courts decision, I will post it on my banners for you. I honestly believe we'll have a decision next week.

Til the next time ....

Feb 1, 2016 - Denise Deckard's petition has exploded! As I write this, she has nearly 7700 signatures which is fantastic. I really want to thank all of you who have taken your time to post notices and links in social media and sent emails to family and friends so they can sign it too. I hope she reaches 10,000.

I have no idea when she's planning to send her letter, the petition and the comments to the Governor, Lt. Governor and Speaker but hopefully it will be a wake up call for them. Maybe our elected officials will finally spend a little time reviewing the games offered and actions taken by Texas Lottery staff.

Some of you have commented about the upcoming Commission Meeting (2/4/16) thinking the Commissioners might discuss this petition. Don't count on any such discussion during the meeting. First of all, it's not on the agenda and they usually don't discuss such topics in their public meetings. Rather, this is something they discuss behind closed doors and in private phone calls. To get this information on the record, someone needs to attend a meeting and comment. Wouldn't it be something if we could get 1000 players to attend a Commission meeting!

Now, on the other hand, I would not be surprised if I learned that Mr. Grief had already alerted the legislature that a petition is forthcoming. My guess is that he would most likely tell the legislature that an irate player or instigator has started it and is just trying to make a profit from the state for personal gain. <grin> Never mind that he's actually describing himself when he makes such statements - after all - he's the one who continued to sell deceptive/fraudulent tickets to the public for financial gain ("easy money"). Mr. Grief should remember that when he points a finger at someone else, there's 4 fingers pointing back at him.

OK - enough said about Mr. Grief.

I don't know if you've read the comments players have made on the petition. If not, you really should go read them. There are lots of great comments and one really got my attention. It was from a person who said she was a temp for G-Tech in accounts payable and could write a book about G-Tech. WHOA ... what a statement. I'd love to talk to her! Maybe she'll see this and call me. (972) 686-0660. Anyway, the point to reading the comments is that I think all elected officials should read the letter and the comments. Not just the three that Denice plans to send them to.

Having said this, I contacted my State Senator and my State Rep to let them know about this petition. I sent them a link so they could read the comments and see how their constituents feel. Should you want to do the same, click here to find your State Senator and State Rep. When you find your state rep and Senator by typing in your address, you'll find a link to his/her website. From their site, you can send them an email. Just copy and paste the below link to include in your message ... (be sure to tell them that it's a petition calling for "honesty and fairness from the Texas Lottery" with nearly 7700 signatures.)

https://www.change.org/p/texas-governor-greg-abbott-texas-lieutenant-governor-dan-patrick-texas-house-speaker-joe-strauss-restore-honesty-and-fairness-to-the-texas-lottery

I'm not into social media but it's looking more and more like I'm going to have to get into it. Ya'll have been suggesting it for a long time now so I'm almost ready to start learning my way around. The calls referencing twitter, facebook, instagram, you tube and the such has my attention. I want to see what ya'll are talking about but haven't been able to. So ...maybe soon I'll get involved in social media.

If you haven't signed the petition calling for an honest and fair lottery, please do. Here's another link.

More later.

01/26/16 - Attention: LotteryPost.com members/readers ... As many of you already know, Denice Deckard, a plaintiff in the Fun 5's lawsuit started a petition - it's a message that will eventually be sent to our elected officials calling for them to give Texans an honest and fair lottery. Now as I understand it, Denice has been working very hard to expose the wrongdoings of the Texas Lottery. She's gone beyond the call of duty fighting for players. Anyway ...

Friday, Jan 22, she sent me an email informing me that she had posted a link to her petition on the Lottery Post facebook page. The minute I read her message, I said to myself, "well that'll never last!" Sure enough, Todd Northrop or someone from lotterypost.com removed the link to the Texas petition.

This is beyond me. Todd claims to be a player and is running a website that shares lottery news and allows his members to post comments for all to read. I have noticed in the past that he censors the comments and if it is one he doesn't like, it is removed. In the last couple of years, several of his "members" have commented about their not being able to post what they wanted to post.

Of course, that was no surprise to me as I too have had my difficulties with Todd. <grin> In fact, I posted a rather large story back in 2010. If you want to read what I posted, click here.

For those of you who are members of Todds website, then I'd like to request that you try to post a link to the Petition to help spread the word. I don't think I know anyone who does not want an honest lottery and fair games of chance. Just copy and paste this for your link.

https://www.change.org/p/texas-governor-greg-abbott-texas-lieutenant-governor-dan-patrick-texas-house-speaker-joe-strauss-restore-honesty-and-fairness-to-the-texas-lottery

My comments on the Dallas courts ruling ...
Many of you have written and commented on the news that the Dallas Courts ruled that G-Tech can NOT be sued for fraud. So that you know, that decision was appealed. I have faith that the Appeals Court will reverse the decision especially in light of the recent Supreme Court ruling on derivative immunity.

The truth is out of the bag ....
I want to take this opportunity to post these very public documents so you can have vindication! Remember when your elected officials told you that they "thought" the language was "clear" - that players had to have 3 fives before they could win 5x the prize amount? As I explained at the time, this is what the TLC had told them and that's why they repeated it to you. They "trusted" the TLC. In the attached PUBLIC records, our elected officials can see that their constituents really did have "winning" tickets based on the language found on the tickets. Obviously, the TLC deceived our elected officials too because the TLC knew early on what the problem was.

Excerpt taken from top of page 3 -
GTECH Corporation’s First Amended Plea to the Jurisdiction, click here

"Under the parameters for the game originally proposed by
GTECH to the TLC, one hundred percent of the tickets that
revealed a Money Bag “$” symbol would be programmed
into GTECH’s computers as “winning” tickets.
” 3

At the request of the TLC, GTECH changed the game’s
parameters and programmed its computers so that a
significant percentage of the tickets that had not won the
tic-tac-toe game would nonetheless reveal a Money Bag
“$” symbol in the 5X Box
"

For a complete explanation including excerpts from depositions ...
Read Plaintiff's Response to GTECH’s 1st Amended Plea to the Jurisdiction, click here

If you read the above Response, you will have no doubts that you really could read ... based on the wording of the instructions, our tickets should have been winning tickets. I can't help but wonder if the TLC ever told members of the legislature that they failed to change the instructions on the ticket when it was decided to put money bags on non-winning tickets. They did this to keep store clerks from identifying and stealing winning tickets.

Did the TLC mislead the our elected officials?

Finally, do ya'll remember your elected officials telling you that the TLC reported to them that they had only received a FEW complaints from players. It has now come out that the TLC received an est 100 complaints daily for 7 weeks but ignored every one of them. And I don't think this figure includes those who went to claim centers to collect their prizes. I find it hard to believe that any elected official would find this acceptable.

It will be interesting to see what action they take for players over this issue. Plus action is needed regarding Director Grief's inaccuracies to the press regarding his state paid trip to Delaware. Just in case you didn't know it, the last time a "Director" - Linda Cloud - failed to tell the truth to a reporter, well, she resigned as soon as it hit the papers!

That's all for today. If you have not signed Denice Deckard's petition, please do so now and help her spread the word.


Manfred Sternberg
& Associates, P.C.
Attorneys at Law
4550 Post Oak Place, Suite 119
Houston, Texas 77027
Ph: 713-622-4300
Fax: 713-622-9899

Email: manfred@msternberg.com

Richard L. LaGarde
LaGarde Law Firm, P.C.
Houston Office:
3000 Weslayan Ste. 380
Houston, TX 77027
(713) 993-0660 Phone
(713) 993-9007 Fax
Complete form
on their website

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(The Fun 5's Update page was originally posted: Oct 3, 2014 - PM)

Related Fun 5's Links

Current Fun 5's Update Page, Click here

Fun 5's Update Jan 26, 2016 - Dec 11, 2016 .. Shown Above
Fun 5's Update Jan 29, 2015 - Dec 7, 2015 ... Click here
Fun 5's Update Oct 3, 2014 - Dec 9, 2014 ...Click here

What To Do If You Have A Money Bag
on Your Fun 5's Ticket
Read then DO IT ... Click here

Rule 202 Petition Filed In Travis County
This is NOT a lawsuit - We're asking for the
Courts to allow us to take depositions. Petition
is easy to read and understand. A great read!
Click here, pdf. Filing Receipt, click here to see.
Posted 10/16/14. Do keep making those calls ...

My Letter To The District Attorney
RE: Fun 5's Scratch Ticket

Click here, a pdf

Official Fun 5's Rule
If you want to know that much about it.
click here

Houston Attorney Shares A
Sample Demand Letter

that he sent to the Texas Lottery on behalf of his clients.
An interesting read. I do appreciate his sharing this letter
to help you understand your case from a legal standpoint.
Click here (pdf).

Media Coverage - Fun 5's
This is NOT all of them!

ABC - KTRK TV Houston
NBC - KXAS - Dallas
Houston Chronicle
Dallas Morning News
Kens5 - San Antonio - TV.
Dallas Observer
Click 2 - Houston
Fox News
Fox 7 - Austin
Austin American Statesman/Longview
Good Morning America (Can't find link)
Channel 11 TV - Fort Worth - 10/21/14
Courthouse News (10/21/14)
Houston Chronicle (10/23/14)
Dallas Morning News, (10/24/14)
Courthouse News, (10/24/14)
Dallas Morning News, (12/10/14)
Houston Chronicle, (12/10/14)
4 Traders (12/11/14)
Courthouse News (12/11/14)
News Journal (!2/12/14)
WacoTrib (AP) (12/11/14)
Time Warner News
(02/22/16)
Time Warner News.
(02/25/16)

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Texas Lotto Report
(All About the Texas Lottery)
Dawn Nettles
P. O. Box 495033
Garland, Texas 75049-5033
(972) 686-0660
(972) 681-1048 (Fax)
Email

URL for areas of image outside of any defined elements. URL for areas of image outside of any defined elements.