KJ's Fund Raisers, Inc. - Page 10

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            true for purposes of a declaratory judgment, Rule 217,                                    
            conjectural statements such as the one above are entitled to no                           
            such consideration.  Petitioner has presented no evidence that                            
            KJ's Place lost money.  More important, KJ's Place has benefitted                         
            from the publicity surrounding donations given by petitioner.  In                         
            four of six newspaper articles or picture captions in evidence,                           
            KJ's Place is pictured or mentioned, along with Hurd or Gould,                            
            who are identified as the owners of KJ's Place rather than                                
            officers of petitioner.                                                                   
                  Petitioner argues that the clippings are not paid                                   
            advertising and do not indicate the receipt of an actual benefit                          
            by KJ's Place.  We find, however, that the publicity, which KJ's                          
            Place would not have received but for petitioner's exclusive                              
            association with the lounge, is a significant benefit.  Moreover,                         
            the record discloses that there were other "clubs" or lounges in                          
            the area where comparable gambling took place.  It is thus a fair                         
            inference that one of the real purposes of establishing                                   
            petitioner in the first place was to induce customers with a                              
            proclivity for this type of gambling not to desert KJ's Place in                          
            favor of other clubs or lounges.  As a result of petitioner's                             
            formation, KJ's Place, far from losing revenue, may indeed have                           
            prevented at least a portion of its business from being taken                             

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Last modified: May 25, 2011