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Saturday, July 31, 2004

Lottery non-winners claim sales records support them



The Associated Press

CLEVELAND - Co-workers who have sued for a share of a $175,000 Mega Millions prize say lottery records support their claim that a colleague must split the winnings.

But the attorney for Stephen Kyle, 51, of Amherst, said the testimony of a clerk who sold the winning ticket supports Kyle's claim that the ticket was his personal wager and not part of the regular pool involving postal workers in suburban Olmsted Falls.

Kyle told seven co-workers that he used $10 of his own to buy the winning ticket for the June 25 drawing. He said $100 in wagers from the co-worker pool produced a $2 winner.

Computerized sales records provided by the Ohio Lottery confirm Kyle's winning ticket was one of 10 bought in a block about 12:42 p.m. on June 24 in Olmsted Township.

Kyle said that he had paid $100 in tickets for the club, but the records show $50 in purchases.

R.J. Budway, Kyle's lawyer, said his client's version was backed by the sales clerk. "The clerk says she sold him $100 worth of tickets that day," Budway said, speculating the second $50 block of tickets was handled later.

Robert Smith III, the co-workers' attorney, said records show no tickets were sold for 25 minutes after Kyle's $50 transaction and there was no evidence of another $50 block of tickets sold that afternoon.

Ohio Lottery spokeswoman Mardele Cohen said no checks would be issued until the case is resolved. A pretrial hearing is scheduled for September.




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