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HEST TECHNOLOGIES v. STATE

No. COA11-459.

725 S.E.2d 10 (2012)

HEST TECHNOLOGIES, INC. and International Internet Technologies, LLC, Plaintiffs v. STATE of North Carolina, ex rel. Beverly PERDUE, Governor, in her official capacity; North Carolina Department of Crime Control and Public Safety; Secretary of Crime Control and Public Safety Reuben Young, in his official capacity; Alcohol Law Enforcement Division; Director of Alcohol Enforcement Division John Ledford, in his official capacity, Defendants.

Court of Appeals of North Carolina.

March 6, 2012.

Attorney(s) appearing for the Case

Kilpatrick Townsend & Stockton LLP, Winston-Salem, by Adam H. Charnes , Richard S. Gottlieb , and Richard D. Dietz ; Grace, Tisdale & Clifton, P.A., Winston-Salem, by Michael A. Grace and Christopher R. Clifton , for plaintiff International Intent Technologies, LLC.

Smith Moore Leatherwood LLP, by Richard A. Coughlin , Greensboro, and Elizabeth B. Scherer , Raleigh, for plaintiff Hest Technologies, Inc.

Attorney General Roy Cooper , by Assistant Solicitor General John F. Maddrey , and Special Deputy Attorney General Hal F. Askins , for defendants.

CALABRIA, Judge.

Both parties appeal the trial court's order which invalidated N.C. Gen.Stat. § 14-306.4(a)(3)(i) as unconstitutionally overbroad and upheld the constitutionality of the remainder of that statute. We affirm in part and reverse in part.

I. Background

Plaintiff Hest Technologies, Inc. ("Hest") is a Texas corporation authorized to transact business in North Carolina. Plaintiff International Internet Technologies, LLC ("IIT...

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