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JD PRIME GAMES KIOSK v. DEPT. OF REVENUE

Appeal No. 2020AP1935.

969 N.W.2d 778 (2021)

2022 WI App 6

400 Wis.2d 499

JD PRIME GAMES KIOSK, LLC, Jalil M. Mian d/b/a MJ Petro and SF Food Mart, Raza, LLC d/b/a Northwestern Citgo and Raza Petroleum, Kong Enterprises, LLC d/b/a Odd Fellows, Dhaliwal Deppinder Singh d/b/a AD Petroleum and Narendar Shah d/b/a Mobil Deli Food Express, Plaintiffs-Respondents, v. WISCONSIN DEPARTMENT OF REVENUE, Wisconsin Department of Justice, Richard G. Chandler, Brian Waldherr and Brad D. Schimel, Defendants-Appellants.

Court of Appeals of Wisconsin.

Submitted on Briefs: September 10, 2021.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Joshua L. Kaul , attorney general, and Colin T. Roth , assistant attorney general.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Todd A. Terry of Terry & Nudo, LLC of Kenosha.

Before Brash, C.J., Dugan and White, JJ.

¶1 The Wisconsin Department of Revenue, the Wisconsin Department of Justice, Richard G. Chandler, Brian Waldherr, and Brad D. Schimel (collectively, the "DOR") appeal an order by the trial court which declared that video gaming machines distributed by JD Prime Games Kiosk, LLC are not gambling machines as defined in WIS. STAT. ...

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