slot machines to which the Trade Boosters were attached are not involved in this action. We are here concerned with the Trade Boosters in their role as subassemblies or essential parts of slot machines, designed and manufactured with the intent that they be used in connection with slot machines.
Claimant argues that because the Trade Booster might be used in connection with the operation of other devices that this fact removes them from the category of gambling device subassemblies. The advertising literature which the Taylor Company used in the promotion of the sale of Trade Boosters refutes this argument. The descriptive literature is devoted almost exclusively to the use of the Trade Boosters in combination with altered slot machines. The Court is convinced that such use motivated the manufacturer in the design and manufacture of the Trade Booster devices.
An unaltered slot machine is coin-operated and in that condition the coin slots and pay-out tubes, so called, are essential to its operation. In this action, we find that a Trade Booster device performs precisely the same function as the coin slots performed. Without the Trade Booster the altered slot machines cannot be operated.
The Trade Booster became an essential part or subassembly of the slot machine in its altered form. It was the Trade Booster which made the altered slot machine operative, and for that reason, by virtue of the language of 15 U.S.C.A. § 1171(a)(3), it became a gambling device, the interstate shipment of which was a violation of the statute.
The Court concludes that the Trade Booster is a gambling device as defined in 15 U.S.C.A. § 1171(a)(3). The testimony and exhibits introduced at the trial support no other conclusion.
Conclusions of Law
1. That the slot machines to which the Trade Boosters were attached were gambling devices as defined in 15 U.S.C.A. § 1171(a)(2), by virtue of having been designed and manufactured to operate by means of insertion of a coin, or token, or similar object and designed and manufactured so that when operated they might deliver, as a result of the application of an element of chance, money or property. United States v. 24 Digger, etc., 8 Cir., 1953, 202 F.2d 647.
2. The Trade Booster devices involved in the instant proceedings are gambling devices as defined by 15 U.S.C.A. § 1171(a)(3) in that they are subassemblies and essential parts of the gambling devices to which they were attached and of which they formed a part.
3. The Trade Boosters involved in this action, Serial Nos. B-211, B-306 and B-317, are gambling devices as defined in Title 15 U.S.C.A. § 1171(a)(3) and by virtue of having been transported in interstate commerce from Chicago, Illinois, to Williamsport, Pennsylvania, violate the provisions of Title 15 U.S.C.A. § 1172.
4. The request and prayer of Claimant Frank J. Zaydell contained in his answer will be denied.
5. The said Trade Boosters, Serial Nos. B-211, B-306 and B-317, will be forfeited to the United States of America for disposition as provided by Title 19 U.S.C.A. § 1611.
An appropriate order will be entered herewith.