Published: August 23, 2010 3:00 pm ET

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It was today announced that a court challenge against Instant Racing in the state of Kentucky has been made by a group known as 'Family Foundation of Kentucky.'

According to an article by The Courier-Journal, the Family Foundation is arguing that gambling in the state can only be conducted through the lottery and racetracks, the latter of which offers the legalized form of gambling through the pari-mutuel system.

The group is saying that the Instant Racing gaming is slot machine play and does not fall under the lottery or pari-mutuel system.

Instant Racing utilizes 'historical' races -- actual horse races which have been contested in the past.

(With files from The Courier-Journal)