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Beshear Appeals Decision

Published: January 22, 2009 3:48 pm ET

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Kentucky governor Steve Beshear has filed an appeal from the recent 2-1 decision of the Kentucky Court of Appeals that Kentucky cannot expropriate 141 internet domain names, according to a report from gambling911.com.

The service said Beshear and his legal counsel, upset at losing their suit against the Interactive Media Entertainment and Gaming Association (IMEGA) involving the seizure order, are appealing to the Kentucky Supreme Court.

In her majority opinion Tuesday, Appeals Judge Michelle M. Keller declared that internet domain names for online gaming sites are not “illegal devices,” as commonwealth lawyers contended.

“It stretches credulity,” she said, “to conclude that a series of numbers, or internet addresses, can be said to constitute a machine or any mechanical or other device... designed and manufactured primarily for use in connection with gambling. We are thus convinced that the trial court erred in concluding that the domain names can be construed to be gambling devices.”

(With files from Harness Tracks of America's Daily Newsletter)


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