DiPIETRO v. GARDEN STATE RACING ASS'N

Civ. A. No. 78-2675.

463 F.Supp. 574 (1978)

Ralph DiPIETRO, Peter D'Amato, Nicholas Raymond, Benedetto Greco v. The GARDEN STATE RACING ASSOCIATION and the New Jersey Racing Commission.

United States District Court, E. D. Pennsylvania.

December 20, 1978.


Attorney(s) appearing for the Case

William H. Bishop, Philadelphia, Pa., for plaintiffs.

Karen Ruth Larson, Deputy Atty. Gen., Trenton, N. J., for N. J. Racing Commission.


MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court is the motion of defendant New Jersey Racing Commission ("Racing Commission") to dismiss Count V of the plaintiffs' complaint for lack of jurisdiction, pursuant to Fed.R.Civ.P. 12(b), on the grounds that the Racing Commission is immune from suit in federal court by virtue of the Eleventh Amendment to the Constitution of the United States and that it has not waived that immunity. For...

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