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STATE EX REL. TYSON v. TED'S GAME ENTER.

2000424.

893 So.2d 355 (2002)

STATE of Alabama ex rel. John M. TYSON, Jr., District Attorney v. TED'S GAME ENTERPRISES et al.

Court of Civil Appeals of Alabama.

Rehearing Denied March 21, 2003.

Attorney(s) appearing for the Case

William H. Pryor, Jr., atty. gen., Yvonne A.H. Saxon, asst. atty. gen., John M. Tyson, Jr., district atty., and Martha Tierney, asst. district atty., for appellant.

John M. Bolton III of Sasser, Littleton & Stidham, P.C., Montgomery, for appellees.

John D. Whetstone, district atty., and Geoffrey D. Alexander and C. Joseph Norton, asst. district attys., for amicus curiae Office of Baldwin County District Attorney, in support of the appellant.

MURDOCK, Judge.

The State of Alabama appeals from an adverse judgment of the Mobile Circuit Court on its declaratory-judgment claims in a proceeding below. The circuit court ruled that (1) § 13A-12-76, Ala.Code 1975, protects from the prohibitions of §§ 13A-12-20 through -75, Ala.Code 1975 (hereinafter referred to as the "criminal gambling statutes"), video-game machines whose outcomes are dependent at least "in part" upon the skill of the player, or...

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