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GENTRY v. YONCE

No. 24971.

337 S.C. 1 (1999)

522 S.E.2d 137

Mary GENTRY and Ralph Bryan, Appellants, v. Kenneth M. YONCE, d/b/a, Yonce's Stop N Shop; Shirley Fincher, formerly d/b/a, Star Stop N Shop; Walter M. Fulmer, d/b/a, Fulmer's Amoco; Joseph A. Rhinehart, d/b/a, Country Peddler and The Country Peddler; H & S Amusements, Inc.; William Gordon Silver and James Harold Matthews, d/b/a, H & S Amusements; and Willard Britton, d/b/a, Association Amusements, Respondents.

Supreme Court of South Carolina.

Decided July 13, 1999.

Attorney(s) appearing for the Case

Douglas H. Westbrook, of Charleston, for appellants.

James M. Griffin, of Simmons, Griffin & Lydon, of Columbia, for respondents.

Lawrence E. Richter, Jr., and Saul Gliserman, of The Richter Firm, of Mount Pleasant; and R. Randall Bridwell, of Columbia, all for Amicus Curiae Legacy Alliance.

Dwight F. Drake and B. Rush Smith, III, both of Nelson, Mullins, Riley & Scarborough, L.L.P.; and Richard A. Harpootlian, of the Law Offices of Richard Harpootlian, all of Columbia, for Amicus Curiae South Carolina Coin Operators Association.

MOORE, Justice:

Appellants brought this class action suit alleging causes of action under the Racketeer Influenced and Corrupt Organizations Act (RICO—18 U.S.C. § 1961 et seq.) and the Unfair Trade Practices Act (UTPA—S.C.Code Ann. § 39-5-20 et seq.).1 Respondents are owners and operators of video poker machines located in Saluda and Newberry Counties. The trial court granted respondents' motion to dismiss the RICO...

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