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MONMOUTH PARK JOCKEY CLUB v. GUTH

No. 19111.

441 F.2d 1361 (1971)

MONMOUTH PARK JOCKEY CLUB, Appellant, v. Paul D. GUTH, Gilbert Saft and S. Neil Begelman, Executors of the Estate of Samuel Epstein, Deceased, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 19, 1971.

Attorney(s) appearing for the Case

Matthias D. Dileo, Wilentz, Goldman & Spitzer, Perth Amboy, N. J. (Harold A. Kuskin, Perth Amboy, N. J., on the brief), for appellant.

Jerome R. Richter, Blank, Rome, Klaus & Comisky (Marvin Comisky, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN and VAN DUSEN, Circuit Judges, and HANNUM, District Judge.

OPINION OF THE COURT

McLAUGHLIN, Circuit Judge.

The facts here are simple and undisputed. In June and July 1968, Samuel Epstein had a credit arrangement with plaintiff, whereby the latter advanced him various sums which he bet upon the horse races then being run at plaintiff's Monmouth County, New Jersey race track. The cash advances to Epstein were handled by plaintiff's pari-mutuel ticket seller who took care of Epstein's wagering transactions. When Epstein...

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