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CHUN v. STATE OF N.Y.

No. 91 Civ. 7048 (CBM).

807 F.Supp. 288 (1992)

Jenny CHUN, Plaintiff, v. The STATE OF NEW YORK; Robert Abrams, Attorney General of the State of New York, in his official capacity; and Peter D. Lynch, Director of the Division of the Lottery of the State of New York, in his official capacity, Defendants.

United States District Court, S.D. New York.

February 19, 1992.

Attorney(s) appearing for the Case

Alan Mukaida, Jan Blau, New York City, for plaintiff.

Joel Graber, Asst. Atty. Gen., New York City, for defendants.

MEMORANDUM OPINION

MOTLEY, District Judge.

Plaintiff Jenny Chun seeks a preliminary injunction to enjoin the State of New York from prosecuting her for violating New York's anti-gambling laws. Defendants oppose the preliminary injunction and have filed a cross-motion for dismissal on the grounds of abstention and failure to state a claim under F.R.C.P. 12(b)(6). The court abstains from exercising jurisdiction for the following reasons.

I. FACTS...

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