North Dakota Supreme Court April 12, 2001 896765, 20000168 (Midwestern Enterprises, Inc. v. Stenehjem)

combined-opinion

VANDE WALLE, Chief Justice.

[¶ 1] Midwestern Enterprises, Inc. (“Midwestern”) appealed the district court’s summary judgment in favor

of the

Attorney General, concluding Midwestern’s Lucky Strike two-minute phone card dispensing device is a gambling apparatus as defined by N.D.C.C. § 12.1-28-01(3) and a coin-operated gaming device as de

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fined by N.D.C.C. § 12.1-28-02(4)(a).