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HOLLIDAY AMUSEMENT CO. v. SOUTH CAROLINA

No. 02-1122.

401 F.3d 534 (2005)

HOLLIDAY AMUSEMENT COMPANY OF CHARLESTON, INCORPORATED; Warren P. Holliday, Plaintiffs-Appellants, v. State of SOUTH CAROLINA; Grady L. Patterson, Jr., in his official capacity as Treasurer of the State of South Carolina; Jim Hodges, Governor of South Carolina; Charles M. Condon, Attorney General; Robert M. Stewart, individually, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 8, 2005.

As Amended: March 23, 2005.

Attorney(s) appearing for the Case

ARGUED: Roger J. Marzulla, Marzulla & Marzulla, Washington, D.C., for Appellants. Robert Holmes Hood, Hood Law Firm, L.L.C., Charleston, South Carolina, for Appellees. ON BRIEF: Nancie G. Marzulla, Marzulla & Marzulla, Washington, D.C., for Appellants. Deborah Harrison Sheffield, Hood Law Firm, L.L.C., Charleston, South Carolina; Charles M. Condon, South Carolina Attorney General, Nathan Kaminski, Jr., Senior Assistant Attorney General, Office of the Attorney General of south carolina, Columbia, South Carolina, for Appellees.

Before WIDENER, WILKINSON, and KING, Circuit Judges.

Vacated and remanded with instructions by published opinion. Judge Widener wrote the opinion, in which Judge Wilkinson and Judge King concurred.

WIDENER, Circuit Judge:

The plaintiffs are Warren P. Holliday and Holliday Amusement Co., Inc., of which Warren Holliday is the sole owner and operator (Holliday). On January 19, 2001, Holliday filed a complaint in the United States District Court for the District of South Carolina, Charleston Division alleging that...

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