USTON v. RESORTS INTERNATIONAL HOTEL, INC.


89 N.J. 163 (1982)

445 A.2d 370

KENNETH S. USTON, RESPONDENT, v. RESORTS INTERNATIONAL HOTEL, INC., APPELLANT, AND NEW JERSEY CASINO CONTROL COMMISSION, INTERVENOR-APPELLANT, AND ATLANTIC CITY CASINO HOTEL ASSOCIATION, INTERVENOR-APPELLANT.

The Supreme Court of New Jersey.

Decided May 5, 1982.


Attorney(s) appearing for the Case

Joel H. Sterns argued the cause for appellant Resorts International Hotel, Inc. (Sterns, Herbert & Weinroth, attorneys; John M. Donnelly, on the briefs).

Matthew P. Boylan argued the cause for appellant Atlantic City Casino Hotel Association (Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, attorneys; Clive S. Cummis, Morris Brown, Nicholas L. Rubis, Alfred J. Luciani, John Walker Daniels, David M. Satz, Jr., Martin L. Blatt and Charles C. Carella, of counsel).

Michael A. Santaniello, Senior Assistant Counsel, argued the cause for appellant New Jersey Casino Control Commission (Robert J. Genatt, General Counsel, attorney; Robert J. Genatt, R. Benjamin Cohen and Michael A. Santaniello, of counsel; R. Benjamin Cohen, Anthony J. Sposaro and Michael A. Santaniello, on the briefs).

Morris M. Goldings, a member of the Massachusetts bar, and Kenneth F. Hense argued the cause for respondent (Reed & Hense, attorneys; Morris M. Goldings and H. Glenn Alberich, members of the Massachusetts bar, of counsel; Kenneth F. Hense, on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, argued the cause for amicus curiae Department of Law and Public Safety, Division of Gaming Enforcement (Irwin I. Kimmelman, attorney; Anthony J. Parrillo, Deputy Attorney General, of counsel; Stephen C. Becker and Mary L. Cupo, Deputy Attorneys General, on the brief).

John Walker Daniels submitted a letter in lieu of a brief on behalf of amicus curiae Harrah's Marina Hotel Casino (Horn, Kaplan, Goldberg & Gorny, attorneys; Philip G. Satre, a member of the Nevada bar, of counsel).


The opinion of the Court was delivered by PASHMAN, J.

Since January 30, 1979, appellant Resorts International Hotel, Inc. (Resorts) has excluded respondent, Kenneth Uston, from the blackjack tables in its casino because Uston's strategy increases his chances of winning money. Uston concedes that his strategy of card counting can tilt the odds in his favor under the current blackjack rules promulgated by the Casino Control...

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