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KULICK v. POCONO DOWNS RACING ASS'N, INC.

No. 86-5294.

816 F.2d 895 (1987)

KULICK, Robert J., Appellant, v. POCONO DOWNS RACING ASS'N, INC. Banks, Joseph, in his capacity as President of Pocono Downs Racing Ass'n, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided April 23, 1987.

Attorney(s) appearing for the Case

Richard G. Phillips (argued), Richard G. Phillips Associates, Philadelphia, Pa., for appellant.

Jerry B. Chariton (argued), Steven M. Greenwald, Wilkes-Barre, Pa., for appellees.

Before HIGGINBOTHAM and BECKER, Circuit Judges and DUMBAULD, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal in a civil rights case concerns the authority of a district court to use its factual findings about the existence of state action made during a preliminary injunction proceeding as a basis for determining its own jurisdiction. The plaintiff, Robert J. Kulick, owns horses which he races at Pocono Downs, a harness track in Wilkes-Barre, Pennsylvania. Defendants are Pocono Downs Racing Association, Inc...

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