Collins Coin Music Co. of North Carolina, Inc. v. North Carolina Alcoholic Beverage Control Commission

McCRODDEN, Judge.

Our task in reaching the merits of this case is to determine whether the trial court properly entered partial summary judgment based upon its decision that the video card games were illegal slot machines.

Summary judgment is an appropriate device “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact to be tried by the jury and that any party is entitled to judgment as a matter of law.” N.C. Gen. Stat. § 1A-1 Rule 56(c) (1990). The party moving for summary…