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U.S. POSTAL SERVICE v. AMADA

No. 98-15589.

200 F.3d 647 (2000)

UNITED STATES POSTAL SERVICE, Plaintiff-Appellee, v. Andrew R. AMADA; Power Pick, Inc., an Arizona Corporation, d/b/a PowerPick, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 12, 2000.

Attorney(s) appearing for the Case

Charles E. Buri (argued), Friedl, Richter & Buri, Phoenix, Arizona, for the defendants-appellants.

Jeanette Bison (argued), U.S. Postal Service, Washington, D.C., for the plaintiff-appellee.

Before: ALARCON, O'SCANNLAIN and FERNANDEZ, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a lottery ticket pooling service itself constitutes a "lottery" within the meaning of federal anti-lottery statutes.

I

PowerPick, Inc. ("PowerPick"), an Arizona corporation, operates a lottery ticket pooling service. PowerPick invites the general public to purchase participations in pools of twenty-five or fifty players and in turn purchases Arizona Lotto and Arizona Powerball Lottery tickets for...

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