United States Eighth Circuit

Gaming machines at issue, run by an Indian tribe, were not gambling devices under the Johnson Act, as they did not deliver money or property or rely on application of an element of chance, and games are not prohibited facsimiles under the Indian Gaming Regulatory Act.

Appellate Information

• Decided 03/20/2003
• Published 03/20/2003

Judges

• BEAM, Circuit Judge., Before MURPHY, BEAM, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Vincent J. Falvo, Jr. argued, Trial Attorney, U.S. Department of Justice, Washington, DC (Frank J. Marine, Senior Litigation Counsel, U.S. Dept. of Justice, Washington, DC, and Paul D. Boeshart, Asst. U.S. Atty., District of Nebraska, on the brief), for appellant., A brief amici curiae was filed by Stephen P. Collette, Long Beach, CA, representing National Coalition Against Gambling Expansion, “ Gambling with the Good Life” Nebraska, Casino Watch of Missouri, Citizens Uniting for Gambling Reform, Inc. (South Dakota), Stand Up for California and New Yorkers for Constitutional Freedoms.


• For Appellees:
  
• Conly J. Schulte, argued, Omaha, NE (Benjamin W. Thompson, on the brief), for appellee.