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FIRST ON 3: Small claims case against Perry's dismissed

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WILMINGTON, NC (WWAY) -- The man who gave away thousands of dollars worth of jewelry in a White Christmas promotion won't have to pay out a few hundred dollars more on the deal.

Allan Perry tells WWAY a small claims court case against him was thrown out this morning. The plaintiff Tom O'Neill was seeking more than $500 from Perry, which amounted to the sales tax on about $7,000 worth of jewelry O'Neill bought and got for free during the pre-Christmas promotion at Perry's Emporium after Asheville got more than three inches of snow on Christmas Day.

"He purchased a $7,000 ring, and he was wanting $506 for his sales tax, which the state of North Carolina, the way the law reads is that it belongs to the state not to him or to me," Perry said. "So they got to keep their money, the state did, and he didn't get it."

Perry tried a similar snow-themed promotion for Valentine's Day, but there was no snow in Asheville.

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