UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

Current Report

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): ~~January~~February 2826, 2010

HERBST GAMING, INC. ~~(Exact name of registrant as specified in its charter)~~

Nevada		333-71094		88-0446145
(State or other jurisdiction of incorporation)		(Commission File Number)		(IRS Employer Identification No.)

(Exact name of registrant as specified in its charter)

3440 West Russell Road, Las Vegas, NV 89118 (Address of principal executive offices)

Nevada	333-71094	88-0446145
(State or other jurisdiction	(Commission	(IRS Employer
of incorporation)	File Number)	Identification No.)

3440 West Russell Road, Las Vegas, NV 89118

(Address of principal executive offices)

Registrant’s telephone number, including area code: (702) 889-7695

Not Applicable ~~(Former Name or Former Address, if Changed Since Last Report)~~

(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

ITEM 85.0102. ~~Other~~Departure ~~Events~~of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

AsOn ~~previously~~February 26, ~~disclosed~~2010, inHerbst ~~connection~~Gaming, Inc. ~~with~~ (the “Company’s”) ~~bankruptcy~~entered ~~proceedings~~into an employment agreement with David Ross, oneffective January 221, 2010, pursuant to which Mr. Ross was appointed to serve as the ~~United~~Company’s ~~States~~Chief ~~Bankruptcy~~Operating ~~Court~~Officer/Gaming and a member of the Office of the Chief Executive Officer. The employment agreement provides for a term that expires on the ~~District~~earlier of ~~Nevada~~(i) December 31, 2010 and (ii) the ~~“Bankruptcy~~ ~~Court”)~~Substantial ~~issued~~Completion anDate ~~Amended~~(as ~~Order~~defined ~~Confirming~~in ~~Debtors~~the Company’s First Amended Joint Plan of Reorganization ~~(the~~and ~~“Order”),~~as ~~confirming~~confirmed by the ~~amended~~Amended ~~joint~~Order ~~plan~~Confirming Debtors’ First Amended Plan of ~~reorganization~~Reorganization ~~previously~~issued ~~filed~~January 22, ~~with~~2010 (the ~~Bankruptcy~~“Plan”)). Under ~~Court~~the onemployment ~~July 22~~agreement, Mr. Ross ~~2009,~~receives asan ~~modified~~annual bybase ~~the~~salary ~~Findings~~ of ~~Fact~~$600,000 and ~~Conclusions of~~is ~~Law~~entitled to participate in the ~~Support~~Company’s ofbenefit ~~Order~~plans ~~Confirming~~and ~~Debtors~~the Company’s ~~First~~2010 ~~Amended~~Management ~~Joint~~Incentive Plan ofon ~~Reorganization~~terms (approved by the ~~“Findings~~Board of ~~Fact”)~~Directors ~~entered~~in ~~contemporaneously~~its ~~with the~~sole ~~Order~~discretion. ~~On January~~ Mr. ~~28,~~Ross ~~2010,~~had been engaged by the Company ~~Indenture~~in ~~Trustee,~~May 2009 as ~~defined~~COO/Gaming, in ~~the~~accordance ~~Findings~~with a provision of ~~Fact~~the lockup agreement between the Company and lenders holding, ~~filed~~in the aggregate, a ~~notice~~majority of all of ~~appeal~~the outstanding claims under the Company’s Second Amended and ~~from~~Restated Credit Agreement, dated as of January 3, 2007, as amended, relating to the ~~Order~~Company’s restructuring, which required the Company to hire a COO/Gaming.

2In the event Mr. Ross’s employment is terminated by the Company without cause (as defined in the employment agreement), subject to his execution of a general release of claims, Mr. Ross is entitled to salary continuation through the expiration of the term of the employment agreement. Mr. Ross’s estate is also entitled to these salary continuation benefits in the event of his death during the term of the employment agreement. The employment agreement provides for a one-year post-termination non-solicitation covenant and a standard confidentiality covenant.

~~SIGNATURES~~Under the terms of the employment agreement, Mr. Ross is permitted, during the term of the employment agreement, to enter into an employment agreement with Reorganized Herbst Gaming (as defined in the Plan), which will be the successor in interest to the Company upon the Substantial Consummation Date, provided that such employment agreement is not effective until after the Substantial Completion Date.

~~Pursuant~~The toforegoing ~~the~~summary ~~requirements~~is qualified ofin ~~the~~its ~~Securities Exchange~~entirety ~~Act~~by ofreference ~~1934,~~to the ~~registrant~~complete ~~has~~text ~~duly~~of ~~caused~~the ~~this~~employment agreement, ~~report~~which tois beincorporated ~~signed on~~herein ~~its~~by ~~behalf~~reference byand ~~the~~a ~~undersigned~~copy ~~hereunto~~of ~~duly~~which ~~authorized~~is attached hereto as Exhibit 10.1.

	HERBST GAMING, INC.
Date: February 3, 2010	By:	/s/ Mary E. Higgins
		Mary E. Higgins
		Chief Financial Officer

Mr. Ross, 45, joined the Company as COO/Gaming in May 2009 in accordance with the lockup agreement. Prior to joining the Company, Mr. Ross spent twenty five years with Coast Casinos, a division of Boyd Gaming Corp., serving in a variety of management positions. Most recently, he served as Coast Casinos’ Chief Operating Officer from 2004 to 2008. Mr. Ross holds a 20% interest in a limited liability company (the “LLC”) which owns a tavern. At the end of 2009, the tavern entered into a slot route agreement with E-T-T, Inc., one of the Company’s subsidiaries. Mr. Ross is in the process of divesting his interest in the LLC.

3ITEM 9.01. Financial Statements and Exhibits.

(d) Exhibits.

The following exhibit is filed herewith:

EXHIBIT NO.		DESCRIPTION OF EXHIBIT

10.1		Employment Agreement between the Company and David Ross, dated February 26, 2010.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	HERBST GAMING, INC.


Date: March 3, 2010	By:	/s/ Mary E. Higgins
		Mary E. Higgins
		Chief Financial Officer

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