HELTON v. HUNT

Nos. 02-1853, 02-1890.

330 F.3d 242 (2003)

Hicks William HELTON, d/b/a B & H Video, Plaintiff-Appellee, v. Jeff HUNT, Rutherford County District Attorney, Defendant-Appellant, and Daniel J. Good, Sheriff of Rutherford County, Defendant. Hicks William Helton, d/b/a B & H Video, Plaintiff-Appellee, v. Daniel J. Good, Sheriff of Rutherford County, Defendant-Appellant, and Jeff Hunt, Rutherford County District Attorney, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: May 27, 2003.


Attorney(s) appearing for the Case

ARGUED: Scott Douglas MacLatchie, Womble, Carlyle, Sandridge & Rice, Charlotte, North Carolina; John Julian Aldridge, III, Special Deputy Attorney General, Raleigh, North Carolina, for Appellants. Luther Donald Starling, Jr., Daughtry, Woodard, Lawrence & Starling, Smithfield, North Carolina, for Appellee. ON BRIEF: Isaac T. Avery, III, Special Deputy Attorney General, Raleigh, North Carolina, for Appellants.

Before WILKINSON, NIEMEYER, and WILLIAMS, Circuit Judges.


Affirmed in part and reversed in part by published opinion. Judge WILKINSON wrote the opinion, in which Judge WILLIAMS joined. Judge NIEMEYER wrote an opinion concurring in parts I and II and dissenting from parts III and IV.

OPINION

WILKINSON, Circuit Judge:

In response to a South Carolina law banning video gaming machines from that state, North Carolina amended its gambling statutes to prevent an influx of machines from South Carolina. The revised...

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