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COLLINS HOLDING CORP. v. JASPER COUNTY, S.C.

No. 96-1354.

123 F.3d 797 (1997)

COLLINS HOLDING CORPORATION, Plaintiff-Appellee, v. JASPER COUNTY, SOUTH CAROLINA, a political subdivision of South Carolina, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1997.

Attorney(s) appearing for the Case

ARGUED: David Scott Matthews, Jasper County Attorney's Office, Ridgeland, SC, for Appellant. George Marion Earle, Hunter, Maclean, Exley & Dunn, P.C., Savannah, GA, for Appellee.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Vacated and remanded with instructions by published opinion. Judge MICHAEL wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.

OPINION

MICHAEL, Circuit Judge:

The substantive issue in this case is whether South Carolina law prohibits a Jasper County ordinance that imposes a license fee on businesses leasing video poker machines. The district court held that the ordinance cannot be enforced as written because it conflicts with South...

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