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PICKAWAY CTY. SKILLED GAMING, L.L.C. v. CORDRAY

No. 2009-1559.

127 Ohio St.3d 104 (2010)

2010-Ohio-4908

PICKAWAY COUNTY SKILLED GAMING, L.L.C., et al., Appellees, v. CORDRAY, ATTY. GEN., Appellant, et al.

Supreme Court of Ohio.

Decided October 12, 2010.

Attorney(s) appearing for the Case

Butler, Cincione & DiCuccio, Gail M. Zalimeni , N. Gerald DiCuccio , and Alphonse P. Cincione , for appellees.

Richard Cordray , Attorney General, Benjamin C. Mizer , Solicitor General, Stephen P. Carney , Deputy Solicitor, Christopher P. Conomy , Assistant Solicitor, and Randall W. Knutti , Assistant Attorney General, for appellant.

Roetzel & Andress, L.P.A., Jim M. Petro , and Jeremy S. Young , urging affirmance for amicus curiae, Ohio Coin Machine Association.

O'CONNOR, J.

{¶ 1} R.C. 2915.02(A)(2) states that no person shall "[e]stablish, promote, or operate or knowingly engage in conduct that facilitates * * * any scheme of chance." R.C. 2915.01(C) defines "scheme of chance"; the subsection specifically states that a "scheme of chance" does not include a skill-based amusement machine. These machines range from games (e.g., Skee-ball and Whac...

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