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AMERICAN TOTALISATOR, CO. v. FAIR GROUNDS CORP.

Nos. 92-3145, 92-3996.

3 F.3d 810 (1993)

AMERICAN TOTALISATOR COMPANY, INC., Plaintiff-Appellee, v. FAIR GROUNDS CORP., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 20, 1993.

Attorney(s) appearing for the Case

David C. Loeb, Chehardy, Sherman, Ellis & Breslin, Metairie, LA, David L. Stone, George C. Freeman, C. Lawrence Orlansky, New Orleans, LA, for defendant-appellant.

George Denegre, Jr., Edward J. Gay, III, Daniel E. LaGrone, Liskow & Lewis, New Orleans, LA, for plaintiff-appellee.

Before EMILIO M. GARZA and DeMOSS, Circuit Judges, and ZAGEL, District Judge.

DeMOSS, Circuit Judge:

BACKGROUND

Fair Grounds owns and operates the Fair Grounds Racetrack in New Orleans, Louisiana. It is licensed to conduct pari-mutuel wagering on thoroughbred horse races and to operate off-track betting parlors. Pari-mutuel wagering is a form of gambling. The wagers of betting patrons are formed into pools from which the successful bettors are paid. "Totalisator," or "tote," services are used to receive the wagers, aggregate them...

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