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MISSISSIPPI GAMING COM'N v. HENSON

Nos. 1999-CA-00422-SCT, 1999-IA-00911-SCT.

800 So.2d 110 (2001)

MISSISSIPPI GAMING COMMISSION and Mike Moore, Attorney General of the State of Mississippi v. Susan HENSON d/b/a Gene's Amusement, Lance Foster d/b/a Mojo Amusement, James (Frank) Wade d/b/a Frank's Amusement, Gary Simpson d/b/a All Fun and Games, Neal Roberts d/b/a General Amusement, Robert Knight d/b/a Bob's Amusement, Jerry Turner d/b/a Trailblazer's Truck Stop & Restaurant, Katherine McAlphine d/b/a L.C.J.'s, Gerald Nolan d/b/a Nolan's Grocery, and Greg Driskill d/b/a Tri-County Game Room. Mississippi Gaming Commission v. Stanley Wright and SD Amusements of Mississippi, Inc.

Supreme Court of Mississippi.

Rehearing Denied November 29, 2001.

Attorney(s) appearing for the Case

Office of the Attorney General by R. Stewart Smith, Jr., for Appellants in No. 1999-CA-00422-SCT.

Daniel K. Tucker, Joseph C. Langston, Booneville, for Appellees in No. 1999-CA-00422-SCT.

Joan Myers, Jackson, for Appellant in No. 1999-IA-00911-SCT.

John H. Cox, III, Greenville, for Appellees in No. 1999-IA-00911-SCT.

EN BANC.

BANKS, Presiding Justice, for the Court:

¶ 1. These consolidated appeals concern the propriety of the Mississippi Gaming Commission's seizure of certain amusement devices. Because we conclude that the machines in question, the "Cherry Master Video" and the "Quarter Pusher," are slot machines and as such, illegal gambling devices subject to seizure by the Gaming Commission, we reverse the judgments of the courts below and render judgment for the Commission.

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