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UNITED STATES v. 10, MORE OR LESS, DIGGER MACHINES

Nos. 8287(2), 8288(2).

109 F.Supp. 825 (1952)

UNITED STATES v. 10, MORE OR LESS, DIGGER MACHINES, etc. UNITED STATES v. 9, MORE OR LESS, DIGGER MACHINES, etc.

United States District Court E. D. Missouri, E. D.

June 9, 1952.

Attorney(s) appearing for the Case

George L. Robertson, U. S. Atty., and Marvin C. Hopper, Asst. U. S. Atty., both of St. Louis, Mo., for plaintiff.

Melvin W. Trotier, East St. Louis, Ill., and John Godlewski, St. Louis, Mo., for claimant.

HULEN, District Judge.

In these two cases plaintiff has seized a number of "Digger Machines" (10 in case 8287, and 9 in case 8288), under Public Law 906, 81st Congress, 2d Sess., § 7, 15 U.S.C.A. § 1177. By stipulation, the sole question now in issue is whether the machine comes within Section 1(a) (2) of the Act, 15 U.S.C.A. § 1171(a) (2):

"(a) The term `gambling device' means— * * * * * * "(2) any machine...

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