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HOTEL & REST. EMP. & BARTENDERS INTERN. v. READ

No. 86-5658.

832 F.2d 263 (1987)

HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS INTERNATIONAL UNION LOCAL 54 and Frank Gerace, President and Frank Gerace and Frank Materio, individually, v. Walter N. READ, Chairman, Donald Thomas, Commissioner, Carl Zeitz, Commissioner, Joel Jacobson, Commissioner and E. Kenneth Burdge, Commissioner, constituting the New Jersey Casino Control Commission and Thomas O'Brien, Director, Department of Law and Public Safety, Division of Gaming Enforcement and Thomas Kean, Governor. Appeal of HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS INTERNATIONAL UNION LOCAL 54.

United States Court of Appeals, Third Circuit.

Decided November 2, 1987.

Rehearing and Rehearing Denied December 4, 1987.

Attorney(s) appearing for the Case

Michael N. Katz (argued), Bernard N. Katz, Lynne P. Fox, Michael Weinstein, Meranze & Katz, Philadelphia, Pa., for appellants.

John P. Zimmerman (argued), Robert J. Genatt, Leonard J. DiGiacomo, New Jersey Casino Control Com'n, Trenton, N.J., Gary A. Ehrlich (argued), W. Cary Edwards, Thomas N. Auriemma, New Jersey Div. of Gaming Enforcement, Trenton, N.J., for appellees.

Before SEITZ, MANSMANN and GREENBERG, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 4, 1987.

OPINION OF THE COURT

SEITZ, Circuit Judge.

The Hotel and Restaurant Employees and Bartenders International Union Local 54 ("Local 54") appeals the order of the district court granting the motion for summary judgment of the New Jersey Casino Control Commission ("Commission"), the Commission's chairman and members, the New Jersey Division of Gaming Enforcement ("Division"), the Division's director...

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