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FITZGERALD v. MOUNTAIN LAUREL RACING, INC.

No. 78-2460.

607 F.2d 589 (1979)

William FITZGERALD v. MOUNTAIN LAUREL RACING, INC., Kenneth Marshall and John Knight, Presiding Judge, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 26, 1979.

As Amended November 26, 1979.

Attorney(s) appearing for the Case

Sanford S. Finder (argued), Washington, Pa., for appellee.

Dale Hershey (argued), Stuart A. Williams, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for appellants.

Before ADAMS and ROSENN, Circuit Judges, and LACEY, District Judge.

OPINION OF THE COURT

ROSENN, Circuit Judge.

We are required in this appeal to plunge once again into the murky waters of the state action doctrine underlying a civil rights action brought under 42 U.S.C. § 1983.1 Specifically, we are asked to determine whether the act of a heavily state regulated private harness racing association in expelling a licensed trainer and driver from its track without a hearing, on the ground...

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