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CORNER POCKET OF SIOUX FALLS v. VIDEO LOTTERY

No. 96-4208.

123 F.3d 1107 (1997)

The CORNER POCKET OF SIOUX FALLS, INC., et al., Plaintiffs-Appellants, v. VIDEO LOTTERY TECHNOLOGIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1997.

Rehearing and Suggestion for Rehearing Denied September 29, 1997.

Attorney(s) appearing for the Case

Richard Lockridge, Minneapolis, MN, argued, for Appellant.

Thomas J. Welk, Sioux Falls, SD, Jerome B. Pederson, Minneapolis, MN, argued, for Defendants-Appellees.

Before LOKEN and ROSS, Circuit Judges, and FENNER, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 29, 1997.

LOKEN, Circuit Judge.

In 1989, the State of South Dakota initiated a video lottery regulated by the South Dakota Lottery Commission. See S.D. CODIFIED LAWS Ch. 42-7A. In this type of lottery, games of chance are played on coin-operated, computer-controlled video machines. The video lottery machines are privately owned, but the State owns the operating software and controls the...

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