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EUSTER v. PENNSYLVANIA STATE HORSE RACING COM'N

Civ. A. No. 76-3630.

431 F.Supp. 828 (1977)

Eugene EUSTER and Shirley Euster, husband and wife v. PENNSYLVANIA STATE HORSE RACING COMMISSION et al.

United States District Court, E. D. Pennsylvania.

May 11, 1977.

Attorney(s) appearing for the Case

Richard G. Phillips, Philadelphia, Pa., for plaintiffs.

G. Alan Kramer, Deputy Atty. Gen., Com. of Pa., Dept. of Justice, Harrisburg, Pa., for defendants.

MEMORANDUM

GORBEY, District Judge.

This civil rights action seeking money damages is brought pursuant to Title 42 U.S.C § 1983, with jurisdiction based upon Title 28 U.S.C. § 1343, names as defendants two state agencies, Pennsylvania State Horse Racing Commission and Pennsylvania State Harness Racing Commission.

The complaint must be dismissed as to both Commissions under the well settled rule that a state and its agencies are not "persons...

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