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MARTIN v. STEWART

No. 06-1829.

499 F.3d 360 (2007)

Jimmy MARTIN; Lucky Strike LLC, Plaintiffs-Appellants, v. Robert STEWART, as Chief of the South Carolina Law Enforcement Division; Henry McMaster, as Attorney General of the State of South Carolina; Ralph Hoisington, as Solicitor of the Ninth Judicial Circuit, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 29, 2007.

Attorney(s) appearing for the Case

ARGUED: James Mixon Griffin, Columbia, South Carolina, for Appellants. Clyde Havird Jones, Jr., Senior Assistant Attorney General, Office of the Attorney General Of South Carolina, Columbia, South Carolina, for Appellees. ON BRIEF: Richard A. Harpootlian, Columbia, South Carolina, for Appellants. Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Robert D. Cook, Assistant Deputy Attorney General, Office Of The Attorney General Of South Carolina, Columbia, South Carolina, for Appellees.

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Reversed and remanded by published opinion. Judge MOTZ wrote the majority opinion, in which Judge TRAXLER joined. Judge WILKINSON wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this case, the district court dismissed federal constitutional challenges to two South Carolina statutes regulating video poker, on the ground that Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed...

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