UNITED STATES of America, Plaintiff-Appellant,
v.
162 MEGAMANIA GAMBLING DEVICES, sued as: 162 MegaMania gambling devices, more or less, computers, servers, "smart" cards, and related equipment located at the Cherokee Nation Bingo Outpost and Cherokee Palace, Catoosa, Tulsa County, Oklahoma — Cherokee Nation Bingo Outpost — Cherokee Palace, 83 MegaMania Gambling Devices, sued as: 83 MegaMania Gambling Devices, more or less, computers, servers, "smart" cards, and related equipment located at the Seneca-Cayuga Bingo, Grove, Delaware County, Oklahoma — Seneca-Cayuga Bingo; 40 MegaMania Gambling Devices, sued as: 40 MegaMania gambling devices, more or less, computers, servers, "smart" cards, and related equipment located at the Cherokee Nation Bingo Outpost, West Siloam Springs, Delaware County, Oklahoma — Cherokee Nation Bingo Outpost; Automated Bingo Blower Machine, sued as: Automated Bingo Blower Machine, together with computers and related equipment located at the Choctaw Indian Bingo (Arrowhead Bingo), Chictaw Arrowhead Resort, Canadian, Pittsburg County, Oklahoma, — Choctaw Indian Bingo — Arrowhead Bingo — Choctaw Arrowhead Resort; Computers, Network Servers, Modems, Software, Databases & Computer Programs, sued as: Computers, Network Servers, Modems, Software, Databases and Computer Programs located at Multimedia Games, Inc., Tulsa, Tulsa County, Oklahoma which are used to support the play of MegaMania gambling devices in Indian Country — Multimedia Games, Inc.; Department of Justice; Janet Reno, Attorney General of the United States; Stephen C. Lewis, United States Attorney for the Northern District of Oklahoma, Defendants,
Cherokee Nation of Oklahoma; Cherokee Nation Enterprises; Multimedia Games, Inc.; The Seneca-Cayuga Tribe of Oklahoma, Claimants—Appellees,
State of Oklahoma; Cheyenne Gaming Commission; Arapaho Gaming Commission; National Indian Gaming Association; Choctaw Nation of Oklahoma; The Chickasaw Nation, Amici Curiae. (N.D.Okla.), (D.Ct. No. 97-Cv-1140-K(J))
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
October 31, 2000.
October 31, 2000.
Attorney(s) appearing for the Case
Sean Connelly (Stephen C. Lewis, United States Attorney; Catherine J. Depew, Assistant United States Attorney, Northern District of Oklahoma, Tulsa, Oklahoma, with him on the briefs), United States Department of Justice, Denver, Colorado, for Plaintiff-Appellant.
Tony M. Graham of Feldman, Hall, Franden, Woodard & Farris, Tulsa, Oklahoma, and Jess Green, Seneca Cayuga Tribe of Oklahoma, Ada, Oklahoma (Graydon Dean Luthey, Jr. of Hall, Estill, Hardwick, Gable, Golden & Nelson, Tulsa, Oklahoma, for MultiMedia Games, Inc.; John G. Ghostbear, Tulsa, Oklahoma, for Cherokee Nation of Oklahoma; Layn R. Phillips, Gregory R. Smith, and Theodore H. Frank of Irell & Manella LLP, Los Angeles, California, with them on the brief), for Claimants-Appellees.
Neal Leader, Senior Assistant Attorney General for the State of Oklahoma, Oklahoma City, Oklahoma, on the brief for Amicus Curiae State of Oklahoma; Gary S. Pitchlynn of Pitchlynn, Morse, Ritter & Morse, Norman, Oklahoma, for Amicus Curiae The Cheyenne and Arapaho Gaming Commission; Bob Rabon of Rabon, Wolf & Rabon, Hugo, Oklahoma, and John Tahsuda, General Counsel, National Indian Gaming Association, Washington, D.C., for Amici Curiae National Indian Gaming Association, Choctaw Nation of Oklahoma, and Chickasaw Nation.
Before BRORBY, McKAY, and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BRORBY, Circuit Judge.
The United States filed a civil complaint in the Northern District of Oklahoma seeking the forfeiture of "MegaMania" machines operated in Indian country. The government asserted the machines operating the game "MegaMania" are unlawful gambling devices operated in violation of the Johnson Act, 15 U.S.C. §§ 1171 — 1178.1 A district judge subsequently issued a warrant to seize the MegaMania machines...
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