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U.S. v. DOBKIN

No. 21229.

423 S.E.2d 612 (1992)

188 W.Va. 209

UNITED STATES of America Plaintiff, v. John P. DOBKIN, aka Jack Dobkin; and Benjamin C. Dobkin, Defendants.

Supreme Court of Appeals of West Virginia.

Decided October 22, 1992.

Attorney(s) appearing for the Case

William A. Kolibash, U.S. Atty., Robert H. McWilliams, Jr., Asst. U.S. Atty., Wheeling, for plaintiff.

Arthur M. Recht, Volk, Frankovitch, Anetakis, Recht, Robertson & Hellerstedt, Robert P. Fitzsimmons, Fitzsimmons & Parsons, L.C., R. Gregory McDermott, McDermott, Bonenenberger, McDermott & Gallaway, Wheeling, for defendants.

NEELY, Justice:

This is a certified question from the United States District Court for the Northern District of West Virginia that asks us whether the use of video poker machines for gambling purposes is legal in West Virginia. Based upon our decision in Buzzo v. City of Fairmont, 181 W.Va. 87, 380 S.E.2d 439 (1989) we find that, although video poker machines themselves are not per se contraband and subject to seizure...

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