BALLY MFG. CORP. v. CASINO CONTROL COM'N

Civ. A. Nos. 81-450, 81-451.

534 F.Supp. 1213 (1982)

BALLY MANUFACTURING CORP., a Delaware Corporation; Bally's Park Place, Inc., a Delaware Corporation; and Bally's Park Place, Inc., a New Jersey Corporation, Plaintiffs, v. The CASINO CONTROL COMMISSION OF NEW JERSEY, Joseph P. Lordi, Martin P. Danziger, Don M. Thomas, Madeline McWhinney, and Carl Zeitz, Defendants, and The New Jersey Division of Gaming Enforcement, and The State of New Jersey, Intervenors-Defendants. William T. O'DONNELL, Plaintiff, v. The CASINO CONTROL COMMISSION OF NEW JERSEY, Joseph P. Lordi, Martin P. Danziger, Don M. Thomas, Madeline McWhinney, and Carl Zeitz, Defendants, and The New Jersey Division of Gaming Enforcement, and The State of New Jersey, Intervenors-Defendants.

United States District Court, D. New Jersey.

March 9, 1982.


Attorney(s) appearing for the Case

Clive S. Cummis, Sills, Beck, Cummis, Zuckerman, Radin & Tischman, Newark, N. J., and Albert E. Jenner, Jr., Anton R. Valukas, Jenner & Block, Chicago, Ill., for plaintiffs.

R. Benjamin Cohen, Trenton, N. J., for New Jersey Casino Control Commission.

Irwin I. Kimmelman, Atty. Gen. of N. J. by Erminie L. Conley, Asst. Atty. Gen., Trenton, N. J., for intervenors-defendants.


OPINION

BROTMAN, District Judge.

These are two related civil rights actions brought under 42 U.S.C. § 1983, seeking declaratory and injunctive relief. Plaintiffs challenge the constitutionality of certain provisions of the Casino Control Act of New Jersey, N.J.Stat.Ann. §§ 5:12-1 et seq. (West Supp.1981), as applied to plaintiffs by order of the New Jersey Casino Control Commission entered January 13, 1981. Before the court is defendants...

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