Midwestern Enterprises, Inc. v. Stenehjem

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 fined by N.D.C.C. § 12.1-28-02(4)(a). We affirm.

I

[¶ 2] Midwestern placed six Lucky Strike two-minute phone card dispensing devices in Minot and West Fargo in April and May of 1999. The Lucky Strike devices are distributed nationally by PrePaid Plus, Inc. of…