SLISZ v. WESTERN REGIONAL OFF-TRACK BETTING CORP.

No. Civil 1973-532.

382 F.Supp. 1231 (1974)

Richard A. SLISZ and Casimir Walas, Plaintiffs on behalf of themselves and other persons similarly situated in the County of Erie, v. WESTERN REGIONAL OFF-TRACK BETTING CORPORATION et al., Defendants.

United States District Court, W. D. New York.

October 9, 1974.


Attorney(s) appearing for the Case

Edward J. Desmond, Buffalo, N. Y., for plaintiffs.

Richard E. Moot, Buffalo, N. Y., for defendant Western Regional Off-Track Betting Corp., and the Individually Named Directors and Members of same.

Louis J. Lefkowitz, Atty. Gen. (Michael G. Wolfgang, Buffalo, N. Y., of counsel), for defendant New York State Racing and Wagering Board and its members, Emil Mosbacher, Jr., Joseph H. Boyd, Jr. and Eugene Keogh.

James L. Magavern, County Atty., Erie County (Justyn E. Miller, Buffalo, N. Y. of counsel), for defendant Erie County, New York.

Anthony Manguso, Corp. Counsel, City of Buffalo (Anthony Gregory, Buffalo, N. Y., of counsel), for defendant City of Buffalo, N. Y.

Samuel L. Tavano, County Atty., Niagara County, for defendant Niagara County, New York.

William J. Stevens, Legal Advisor & Attorney for County of Monroe, Rochester, N. Y.

John D. Doyle, Corp. Counsel, City of Rochester (James T. Townsend, Rochester, N. Y., of counsel), for defendant City of Rochester, N. Y.

Thomas C. Brady, Acting County Atty., County of Cattaraugus, Salamanca, N. Y., for defendant Cattaraugus County, New York.

Before TIMBERS, Circuit Judge, CURTIN, Chief District Judge, and BURKE, District Judge.


CURTIN, Chief District Judge:

Pursuant to this court's order of April 24, 1974, a three judge court was convened to determine the constitutionality of the New York statutes under which the Western Regional Off-Track Betting Corporation [WROTBC] was created and operates. N.Y. Unconsolidated Laws § 8111 et seq. (McKinney Supp. 1973). On June 20, 1974 oral argument was heard on plaintiffs' claim that these statutes deny plaintiffs the equal protection of the laws...

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