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BERMAN v. NEW HAMPSHIRE JOCKEY CLUB, INCORPORATED

Civ. A. No. 2855.

292 F.Supp. 993 (1968)

Frank E. BERMAN, Rose R. Berman, and Muriel Winston v. NEW HAMPSHIRE JOCKEY CLUB, INCORPORATED.

United States District Court D. New Hampshire.

October 31, 1968.

Attorney(s) appearing for the Case

J. Fleet Cowden, Sudbury, Mass., Lawrence E. Spellman, Sulloway, Hollis, Godfrey & Soden, Concord, N. H., for plaintiffs.

Kenneth F. Graf, McLane, Carleton, Graf, Greene & Brown, Manchester, N. H., for defendant.

ORDER GRANTING MOTION TO DISMISS

BOWNES, District Judge.

The plaintiffs have commenced this action under Federal Rule 23, purportedly as representative members of a class "comprising the licensed owners of * * * horses which * * * have won purses at Rockingham," a racetrack in Salem, New Hampshire, operated by the defendant-licensee. The plaintiffs allege, in substance, that the racetrack has failed to honor in full alleged annual purse agreements dating...

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