CLEVELAND -- Two women -- one with a ticket, one tearfully without -- lay claim to a $162-million US lottery jackpot yesterday, triggering a legal dispute that could come down to "finder's keepers" or fraud. Elecia Battle went to police Monday with the teary story of a lottery ticket lost outside a convenience store, and a small crowd with flashlights soon gathered in the snowy parking lot in search of the precious paper.

Yesterday morning, Rebecca Jemison said Battle's claim prompted her to quit stalling, submit her ticket and collect the prize from the Dec. 30 drawing.

"I was angry at first, but not worried at all," said Jemison, 34. "I knew what I possessed."

Police, who originally said Battle, 40, had told a credible story about losing the winning ticket, are now investigating whether she lied in a police report, a misdemeanour punishable by 30 days to six months in jail.

Jemison turned in the ticket for the 11-state Mega Millions jackpot at Ohio Lottery headquarters. The lottery validated it yesterday as the sole winning ticket for the drawing. Ohio Lottery Director Dennis Kennedy said the lottery is confident Jemison bought the ticket, not found it.

As proof, Jemison provided another ticket purchased at the same time and place as the winning ticket and had an outdated lottery ticket that showed she had played the same numbers in the prior drawing, Kennedy said.

Battle immediately filed suit yesterday seeking to halt any payout to the winner.

"My ticket was lost. I do recall all the numbers. They are all somehow family-related. No one can tell me what I did and did not play. I did it honestly and I have no doubt," Battle told Associated Press at the office of her lawyer, Sheldon Starke.

Battle's suggestion on television that she had bought and lost the winning ticket "made me laugh," Jemison said.

"Let authorities handle her," she said. "It's very unfortunate that someone would think of something like this."

The lottery commission had no immediate comment on the lawsuit, said spokesperson Mardele Cohen. Jemison, who said she had waited to come forward because she wanted to speak with a lawyer and accountant, could not be reached for comment after the suit was filed.

Jemison, who handles telephone and doctor paging duties at a suburban hospital, said she is looking forward to buying a new home, taking a vacation and sharing her prize with her family. She and her husband, Sam, have a 12-year-old daughter.

She took her winnings in an immediate lump sum of $94 million US, before taxes. After taxes, it will be worth an estimated $67.2 million US.

Earlier yesterday, Starke, unaware that the lottery was validating Jemison's claim, said he intended to make a case that the winning ticket was Battle's lost property.

"If there is one type of property that is not presumed to be abandoned, it's money," he said. "Anyone who finds it is not the owner."

The Ohio Lottery says the ticket is a bearer note, which means whoever turns in a valid ticket is legally entitled to the winnings.

Battle filed a police report saying she dropped her purse as she left the store after buying the ticket.

After learning that Jemison turned in the winning ticket, South Euclid police Lieut. Kevin Nietert said he had not been able to reach Battle and her lawyer by phone.

"From a police department point of view, it obviously draws into question the integrity of Elecia Battle's report."

The winning ticket was sold at Quick Shop Food Mart in South Euclid, about 25 kilometres east of Cleveland.

Battle filed a police report saying she dropped her purse as she left the store after buying the ticket.