U.S. v. 103 ELECTRONIC GAMBLING DEVICES

No. 99-15675.

223 F.3d 1091 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. 103 ELECTRONIC GAMBLING DEVICES, Located at the Red Fox Casino, Laytonville Rancheria, Mendocino County, California, Defendant, Cahto Tribe, Shodaki Coyote Valley Casino; Genevieve Campbell; Sharp Image Gaming, Inc., Claimants, Multimedia Games, Inc., Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2000.


Attorney(s) appearing for the Case

Stephen C. Lewis, Catherine J. Depew, Special Assistant United States Attorneys, Tulsa, Oklahoma; Sean Connelly, Attorney, United States Department of Justice, Denver, Colorado, for the plaintiff-appellant.

Layn R. Phillips, Gregory R. Smith, Theodore H. Frank, Irell & Manella, Los Angeles, California, for the claimant-appellee.

Before: KLEINFELD, TASHIMA and BERZON, Circuit Judges.


BERZON, Circuit Judge:

This case poses the question, what is bingo? Cf. Frigaliment Importing Co. v. B.N.S. Int'l Sales Corp., 190 F.Supp. 116, 117 (S.D.N.Y.1960) (Friendly, J., sitting by designation) ("The issue is, what is chicken?"). In particular, we determine whether an electronic game called MegaMania, manufactured and sold by Appellee Multimedia Games, Inc. ("Multimedia"), is "bingo" as that term is defined in the...

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