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BERMAN v. NARRAGANSETT RACING ASSOCIATION

Nos. 7245-7247.

414 F.2d 311 (1969)

Frank E. BERMAN et al., Plaintiffs, Appellants, v. NARRAGANSETT RACING ASSOCIATION, Inc., Defendant, Appellee. Frank E. BERMAN et al., Plaintiffs, Appellants, v. BURRILLVILLE RACING ASSOCIATION, Inc., Defendant, Appellee. Frank E. BERMAN et al., Plaintiffs, Appellants, v. The NEW HAMPSHIRE JOCKEY CLUB, INC., Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided July 31, 1969.

Attorney(s) appearing for the Case

J. Fleet Cowden, Boston, Mass., with whom Frank E. Berman, Boston Mass., was on brief, for appellants.

Stephen F. Achille, Providence, R. I., on brief, for appellee Narragansett Racing Assn., Inc.

William A. Curran, Providence, R. I., with whom Jordan, Hanson & Curran, Providence, R. I., was on brief, for appellee Burrillville Racing Assn., Inc.

Kenneth F. Graf and Charles A. DeGrandpre, Manchester, N. H., with whom McLane, Carleton, Graf, Greene & Brown, Manchester, N. H., was on brief, for appellee New Hampshire Jockey Club, Inc.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

These consolidated appeals are from dismissals of three class actions brought under Fed.R.Civ.P. 23 by plaintiffs as representatives of a class comprised of licensed owners of horses that have won purses at the defendants' race tracks.1 Two of the suits were commenced in the district court in Rhode Island and the third in the district of New Hampshire. In all three the gravamen of the complaint is that for over...

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