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STERLING SUFFOLK RACECOURSE LTD. PARTNERSHIP v. BURRELLVILLE RACING ASS'N

No. 92-2260.

989 F.2d 1266 (1993)

STERLING SUFFOLK RACECOURSE LIMITED PARTNERSHIP, Plaintiff, Appellant, v. BURRILLVILLE RACING ASSOCIATION, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 25, 1993.

Attorney(s) appearing for the Case

E. Randolph Tucker, with whom Michael D. Ricciuti, David B. Crevier, Joshua M. Davis, and Hill & Barlow were on brief, for plaintiff, appellant.

Kent E. Mast, with whom Peter J. McGinn, Tillinghast Collins & Graham, and Kilpatrick & Cody were on brief, for defendant, appellee.

Before SELYA, CYR and STAHL, Circuit Judges.

SELYA, Circuit Judge.

In this appeal, we confront two issues of novel impression at the appellate level. First, we must determine whether the Interstate Horseracing Act (IHA), 15 U.S.C. §§ 3001-3007 (1988), the full text of which is set out in the appendix, contains an implied private right of action in favor of racetracks situated within sixty miles of a display track, i.e., a track that accepts interstate off-track wagers on races to be run at distant...

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