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AMERICAN TREASURES, INC. v. STATE

No. COA04-1065.

617 S.E.2d 346 (2005)

AMERICAN TREASURES, INC., Plaintiff, and Treasured Arts, Inc., Plaintiff/Intervenor, v. STATE of North Carolina, Governor Michael Easley, in his official capacity; North Carolina Department of Crime Control and Public Safety; Secretary of Crime Control and Public Safety Bryan E. Beatty, in his official capacity; Alcohol Law Enforcement Division; Director of Alcohol Law Enforcement Division John D. Smith, III, in his official capacity, Defendants.

Court of Appeals of North Carolina.

September 6, 2005.

Attorney(s) appearing for the Case

No brief filed by plaintiff, American Treasures, Inc.

Everett, Gaskins, Hancock & Stevens, L.L.P., by Hugh Stevens, Raleigh, for plaintiff-intervenor, Treasured Arts, Inc.

Attorney General Roy Cooper, by Special Counsel Isaac T. Avery, III, and Assistant Attorney General Stacey T. Carter, for the State.

CALABRIA, Judge.

Defendants appeal from a judgment of the trial court (1) determining the pre-paid phone cards sold by Treasured Arts, Inc. ("plaintiff") are not an impermissible form of gambling and (2) permanently enjoining defendants from interfering with the sale of the phone cards by any retail establishment and/or indicating that they constitute an illegal gambling arrangement...

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