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KATER v. CHURCHILL DOWNS INC.

No. 16-35010.

886 F.3d 784 (2018)

Cheryl KATER, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. CHURCHILL DOWNS INCORPORATED, a Kentucky corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 2018.

Attorney(s) appearing for the Case

Alexander G. Tievsky (argued), Roger Perlstadt , and Ryan D. Andrews , Edelson PC, Chicago, Illinois, for Plaintiff-Appellant.

Matthew R. Berry (argued), Susman Godfrey L.L.P, Seattle, Washington; Robert Rivera , Susman Godfrey L.L.P., Houston, Texas; for Defendant-Appellee.

Before: MILAN D. SMITH, JR. and MARY H. MURGUIA, Circuit Judges, and EDUARDO C. ROBRENO, District Judge.

OPINION

In this appeal, we consider whether the virtual game platform "Big Fish Casino" constitutes illegal gambling under Washington law. Defendant-Appellee Churchill Downs, the game's owner and operator, has made millions of dollars off of Big Fish Casino. However, despite collecting millions in revenue, Churchill...

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