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HOTEL & RES. EMP. & BAR. INT. UNION 54 v. DANZIGER

Nos. 82-5210, 82-5234 and 82-5260.

709 F.2d 815 (1983)

HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS INTERNATIONAL UNION LOCAL 54; and Frank Gerace, President Hotel and Restaurant Employees and Bartenders International Union Local 54 and International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local 331, Intervenor v. Martin DANZIGER, Acting Chairman; Donald Thomas, Commissioner; Madeline McWhinney, Commissioner; Carl Zeitz, Commissioner, Constituting the Casino Control Commission, State of New Jersey; G. Michael Brown, Director Department of Law and Public Safety, Division of Gaming Enforcement, State of New Jersey; Department of Law and Public Safety, Division of Gaming Enforcement, State of New Jersey; and Thomas Kean, Governor, State of New Jersey Appeal of HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS INTERNATIONAL UNION LOCAL 54 and Frank Gerace, President, Hotel and Restaurant Employees and Bartenders International Union Local 54. Appeal of The CASINO CONTROL COMMISSION. Appeal of G. Michael BROWN, Director, Dept. of Law and Public Safety, Division of Gaming Enforcement; and Thomas Kean, Governor.

United States Court of Appeals, Third Circuit.

Decided June 6, 1983.

Attorney(s) appearing for the Case

Bernard N. Katz (argued), Michael N. Katz, Meranze, Katz, Spear & Wilderman, Philadelphia, Pa., for Hotel and Restaurant Employees and Bartender Intern. Union Local 54, et al.

Irwin I. Kimmelman, Atty. Gen., State of N.J., Anthony J. Parrillo, Asst. Atty. Gen. (argued), Gary A. Ehrlich, Deputy Atty. Gen., Dept. of Law & Public Safety, Div. of Gaming Enforcement, Trenton, N.J., for New Jersey Dept. of Law and Public Safety, Div. of Gaming Enforcement.

Robert J. Genatt, Gen. Counsel, Thomas N. Auriemma, Deputy Director/Legal Div., John R. Zimmerman, Senior Asst. Counsel (argued), Thomas O'Neill, Asst. Counsel, Ted M. Rosenberg, Asst. Counsel, N.J. Casino Control Com'n, et al., Trenton, N.J., for New Jersey Casino Control Com'n, et al.

Before GIBBONS, HIGGINBOTHAM and BECKER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Hotel and Restaurant Employees and Bartenders International Union No. 54 (the Union) and its president, Frank Gerace, appeal from an order of the district court denying their motion for a preliminary injunction against enforcement of certain provisions of the New Jersey Casino Control Act, N.J.Stat.Ann. 5:12-1 to -152 (West Supp.1982).1 The defendants are members of the New Jersey...

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