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PRIMAGES INT. OF MICHIGAN v. LIQUOR CONTROL COMM.

Docket No. 136017.

199 Mich. App. 252 (1993)

501 N.W.2d 268

PRIMAGES INTERNATIONAL OF MICHIGAN v. LIQUOR CONTROL COMMISSION

Michigan Court of Appeals.

Decided April 6, 1993, at 9:15 A.M.

Attorney(s) appearing for the Case

Bufalino & Palazzolo, P.C. (by Frank J. Palazzolo and Scott M. McDonald), for the plaintiff.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Arthur E. D'Hondt and Theodore S. Klimaszewski, Assistant Attorneys General, for the defendant.

Before: MacKENZIE, P.J., and HOOD and WHITE, JJ.

PER CURIAM.

Defendant Liquor Control Commission appeals as of right a declaratory judgment entered in favor of plaintiff by the Wayne Circuit Court. In its judgment, the trial court concluded that video poker games seized by the Liquor Control Commission were not illegal gambling devices under MCL 750.303(1); MSA 28.535(1). Instead, the court held that the devices in question fell within the statutory exceptions of MCL 750.303(2); MSA 28.535(2). The judgment ordered...

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