COLLINS COIN MUSIC CO. v. N.C. ALCOHOLIC BEV. CONTROL COM'N

No. 9318SC439.

451 S.E.2d 306 (1994)

COLLINS COIN MUSIC CO. OF NORTH CAROLINA, INC. and North Carolina Amusement Machines Association, Inc. v. NORTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION; William Paul Powell, Jr., Chairman of the North Carolina Alcoholic Beverage Control Commission; North Carolina Department of Crime Control and Public Safety; Joseph W. Dean, Jr., Secretary of North Carolina Department of Crime Control and Public Safety; and Horace M. Kimel, Jr., District Attorney for the Eighteenth Judicial District.

Court of Appeals of North Carolina.

December 20, 1994.


Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Sp. Deputy Atty. Gen. Isaac T. Avery, III and Sp. Deputy Atty. Gen. Robin P. Pendergraft, for the State.

Carruthers & Roth, P.A. by Richard L. Vanore and Kenneth L. Jones, Greensboro, for plaintiff-appellant.

Daughtry, Woodard, Lawrence & Starling by N. Leo Daughtry, Smithfield, for plaintiff-intervenor-appellant.


McCRODDEN, Judge.

Our task in reaching the merits of this case is to determine whether the trial court properly entered partial summary judgment based upon its decision that the video card games were illegal slot machines.

Summary judgment is an appropriate device "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact to be tried by the jury...

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