MIDWESTERN ENTERPRISES, INC. v. STENEHJEM

No. 20000168.

625 N.W.2d 234 (2001)

2001 ND 67

MIDWESTERN ENTERPRISES, INC., Plaintiff and Appellant, v. Wayne K. STENEHJEM, North Dakota Attorney General, Defendant and Appellee.

Supreme Court of North Dakota.

April 12, 2001.


Attorney(s) appearing for the Case

John J. Mahoney, Mahoney & Mahoney, Center, for plaintiff and appellant.

David W. Huey, Assistant Attorney General, Bismarck, for defendant and appellee.


VANDE WALLE, Chief Justice.

[¶ 1] Midwestern Enterprises, Inc. ("Midwestern") appealed the district court's summary judgment in favor of the Attorney General, concluding Midwestern's Lucky Strike two-minute phone card dispensing device is a gambling apparatus as defined by N.D.C.C. § 12.1-28-01(3) and a coin-operated gaming device as defined by N.D.C.C. § 12.1-28-02(4)(a). We affirm.

I

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