United States v. 103 Electronic Gambling Devices

BERZON, Circuit Judge:

This case poses the question, what is bingo? Cf. Frigaliment Importing Co. v. B.N.S. Int’l Sales Corp., 190 F.Supp. 116, 117 (S.D.N.Y.1960) (Friendly, J., sitting by designation) (“The issue is, what is chicken?”). In particular, we determine whether an electronic game called MegaMania, manufactured and sold by Appellee Multimedia Games, Inc. (“Multimedia”), is “bingo” as that term is defined in the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701-2721.

Appellant the United States thinks not. The Government claims that the terminals on which MegaMania is played…