MILLS-JENNINGS OF OHIO, INC. v. DEPT. OF LIQUOR CONTROL

No. 81-760.

70 Ohio St. 2d 95 (1982)

MILLS-JENNINGS OF OHIO, INC., ET AL, APPELLANTS, v. DEPARTMENT OF LIQUOR CONTROL ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 26, 1982.


Attorney(s) appearing for the Case

Messrs. Ward, Kaps, Bainbridge, Maurer, Bloomfield & Melvin and Mr. Charles T. Kaps, for appellant Mills-Jennings of Ohio, Inc.

John A. Connor II, Co., L.P.A., Mr. John A. Connor, II, and Mr. Darrell E. Fawley, Jr., for appellant Walter Lazuka.

Mr. William J. Brown, attorney general, and Mr. Marc E. Myers, for appellees.


DOUGLAS, J.

I.

The issue presented for our determination is whether Draw Poker machines are gambling devices per se as defined in R. C. 2915.01(F). Appellants contend, and the trial court agreed, that the device is an amusement device and not a gambling device per se. The foundation of the trial court's decision was that the successful playing of the machines required some skill and the results obtained...

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