CAROLINA-VIRGINIA RACING ASS'N v. CAHOON

No. 6837.

214 F.2d 830 (1954)

CAROLINA-VIRGINIA RACING ASS'N, Inc. v. CAHOON et al.

United States Court of Appeals Fourth Circuit.

Decided July 20, 1954.


Attorney(s) appearing for the Case

Osmond K. Fraenkel, New York City (Arthur Garfield Hays, New York City, John G. Dawson, Kinston, N. C., Lucas, Rand & Rose, Wilson, N. C., and John B. McMullan, Elizabeth City, N. C., on brief), for appellant.

Ralph Moody and I. Beverly Lake, Asst. Attys. Gen., of North Carolina (Harry McMullan, Atty. Gen., of North Carolina, on brief), for appellees.

Before PARKER, Chief Judge, DOBIE, Circuit Judge, and TIMMERMAN, District Judge.


PARKER, Chief Judge.

This is an appeal from an order denying an interlocutory injunction. Plaintiff is the owner of a race track in Currituck County, North Carolina, at which it has been conducting dog races under a pari mutuel betting system authorized by chapter 541 of the Session Laws of North Carolina of 1949. This statute was declared violative of provisions of the North Carolina Constitution by the Supreme Court of the state and the pari mutuel betting thus...

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