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CASINO VENTURES v. STEWART

No. 98-2653.

183 F.3d 307 (1999)

CASINO VENTURES, Plaintiff-Appellee, v. Robert M. STEWART, in his official capacity as Chief of the State Law Enforcement Division; Charles M. Condon, Attorney General, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: July 6, 1999.

Attorney(s) appearing for the Case

ARGUED: Nathan Kaminski, Jr., Senior Assistant Attorney General, Columbia, South Carolina, for Appellants. Edward A. Frazier, Edward A. Frazier, P.A., Columbia, South Carolina, for Appellee. ON BRIEF: Charles M. Condon, South Carolina Attorney General, Robert D. Cook, Assistant Deputy Attorney General, Christie Newman Barrett, Assistant Attorney General, Columbia, South Carolina, for Appellants.

Before WILKINSON, Chief Judge, NIEMEYER, Circuit Judge, and MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Reversed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge MOON joined.

OPINION

WILKINSON, Chief Judge:

Casino Ventures plans to offer gambling cruises from a port in South Carolina. Fearing prosecution, it brought suit seeking a declaration that state gambling laws prohibiting such cruises had been preempted by the Johnson Act, 15 U.S.C. § 1175. The district court found the state laws were preempted...

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