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WEST VIRGINIA LOTTERY v. A-1 AMUSEMENT

No. 16-1047.

807 S.E.2d 760 (2017)

WEST VIRGINIA LOTTERY, West Virginia Lottery Commission, and Alan Larrick, Director of the West Virginia Lottery, Defendants Below, Petitioners v. A-1 AMUSEMENT, INC., Action Gaming, Inc., Advanced Lottery Technologies, LLC, Blue Diamond, LLC, CD 3 LLC, Clay Music Corp., Coach's Club Association, Dustyn Enterprises, Inc., Elm Room, Inc., Fabulous 50's Café, LLC, Gridcoach, LLC, Hot 5 Stop, LLC, Jerry's Bar Association, Leejay, Inc., LL&M, LLC, Mimi's, Inc., Moose Nitro Lodge 565, Mountaineer Music, LLC, PDM Associates of Weirton, LLC, Palatokas Associates, LLC, Patty's, Inc., Progressive Video Lottery, Ltd., Random World, Ltd., Ta Vending, LLC, The Lounge, LLC, Tiffany's, LLC, Trans-Allegheny Enterprises, LLC, Wheeling Coin, LLC, Woldap, LLC, WV "Café" Holding Company, LLC, and West Virginia Amusement & Limited Video Lottery Association, Inc., Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 13, 2017.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Katherine Schultz, Esq. , Senior Deputy Attorney General, Mary M. Downey, Esq. , Assistant Attorney General, Sean M. Whelan, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for the Petitioners.

William C. Brewer, Esq. , J. Tyler Slavey, Esq. , Brewer & Giggenbach, PLLC, Morgantown, West Virginia, Counsel for the Respondents.

This appeal concerns a dispute between the West Virginia State Lottery, the Lottery Commission, the Lottery Director,1 (collectively, the State Lottery) and certain entities (Permit Holders) who were issued permits to operate limited video lottery game terminals...

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