United States v. Two Coin-Operated Pinball Machines

• Decision Date: 26 March 1965
• Docket Number: Civ. A. No. 4727.
• Citation: 241 F. Supp. 57
• Parties: UNITED STATES of America, Libelant, v. TWO COIN-OPERATED PINBALL MACHINES, Nos. B-1197 and B-1378, Respondents.
• Court: U.S. District Court — Western District of Kentucky

241 F. Supp. 57

UNITED STATES of America, Libelant, v. TWO COIN-OPERATED PINBALL MACHINES, Nos. B-1197 and B-1378, Respondents.

Civ. A. No. 4727.

United States District Court W. D. Kentucky, at Louisville.

March 26, 1965.

Boyce F. Martin, Jr., U. S. Atty., for W. D. Ky., Wm. E. Scent, former U. S. Atty., Louisville, Ky., for W. D. Ky., for libelant, United States of America.

Ben T. Cooper, Louisville, Ky., and Paul R. Connolly, Washington, D. C., for respondents and claimants.

BROOKS, Chief Judge.

This matter having come on regularly for hearing before the Court and a Jury, upon the Amended Libel filed for and on behalf of the Libelant, United States of America, and upon the Answer to the Libel filed for and on behalf of the Claimants, H. M. Branson Distributing Company, a Kentucky corporation, with its principal place of business at 814 East Broadway, Louisville, Kentucky and Lion Manufacturing Corporation, an Illinois corporation, with its principal place of business at 2640 Belmont Avenue, Chicago, Illinois; and both the Libelant and the Claimants having presented their evidence and arguments at the conclusion of which the Court submitted to the Jury the following interrogatory:

"Were the Two Coin-Operated Pinball Machines, Nos. B-1197 and B-1378, Respondents, designed and manufactured primarily for use in connection with gambling and by the operation of which a person may become entitled to receive as the result of the application of an element of chance any money or property?" To which interrogatory the Jury responded in the affirmative and after hearing further argument by the parties hereto, the Court makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

1. That subsequent to February 4, 1964, the respondents, Two Coin-Operated Pinball Machines, Nos. B-1197 and B-1378 were transported from Chicago, Illinois to Louisville, Kentucky.

2. That the respondents are coin activated electrically operated machines. The machines when assembled and ready for use consist of a vertical section attached to a base section to which are secured four legs. The base section contains a plunger device, a number of holes drilled into an inclined playboard and a quantity of posts with rubber bumpers placed at intervals thereon. The devices are each equipped with eight metal balls, five of which are released for play upon insertion of a coin. The vertical section has a glass front upon which the results of play are recorded by electrically operated equipment. The object of play of the devices is to propel the balls by means of the plunger onto the inclined playboard so that the ball will fall into certain holes and thereby light corresponding light bulbs located on the vertical section of the machines. When three or more bulbs are lit in a row, or in some other predetermined order, the machine registers so-called "free plays." The machines are so constructed that any number of coins may be inserted therein before actual play of the game begins. The number of "free plays" to be awarded for successful operation of the device can be increased by insertion of additional coins prior to play of the machine, although the rate of increase of free play awards cannot be controlled by the player and may or may not increase upon the insertion of a particular coin. The machine also provides other "features", the most prominent of which is denominated "skill-shot" which will award a designated number of "free plays" if the first ball played falls into any of several predesignated holes. After striking the ball with the plunger, the ball is propelled onto the playboard and descends the inclined plane totally dependent upon the law of gravity and chance contacts with the posts affixed to the board. The player has no control over this descent and only negligible, if any, skill is involved in the operation or play of the device. Free plays won on the machine are recorded on a three-digit counting meter (Replay register)....