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GIFT SURPLUS, LLC v. STATE EX REL. COOPER

No. COA18-1140.

833 S.E.2d 703 (2019)

GIFT SURPLUS, LLC, and Sandhill Amusements, Inc., Plaintiffs, v. STATE of North Carolina, EX REL. Roy COOPER, Governor, in his official capacity; Branch Head of the Alcohol Law Enforcement Branch of the State Bureau of Investigation, Mark J. Senter, in his official capacity; Secretary of the North Carolina Department of Public Safety, Erik A. Hooks, in his official capacity; and Director of the North Carolina State Bureau of Investigation, Bob Schurmeier, in his official capacity, Defendants.

Court of Appeals of North Carolina.

Filed: October 15, 2019.

Attorney(s) appearing for the Case

Fox Rothschild LLP, by Elizabeth Brooks Scherer , Raleigh, Kip David Nelson , Greensboro, and Troy D. Shelton ; Raleigh, George B. Hyler, Jr. ; Asheville, and Grace, Tisdale, & Clifton, P.A., Winston-Salem, by Michael A. Grace , for plaintiffs-appellees.

Attorney General Joshua H. Stein , by Solicitor General Matthew W. Sawchak , Deputy Solicitor General James W. Doggett , and Assistant Solicitor General Kenzie M. Rakes , for defendants-appellants.

Plaintiffs-Appellees Gift Surplus, LLC and Sandhill Amusements, Inc. ("Gift Surplus") sued the State, ex rel. Governor Roy Cooper, et al. ("the State") seeking a permanent injunction that would bar state law enforcement from enforcing State gambling and sweepstakes laws against the operators of Gift Surplus's sweepstakes kiosks. In...

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