KENTUCKY DIVISION, HORSEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION, INC., Plaintiff-Appellant,
Kentucky Thoroughbred Association, Inc., Intervening Plaintiff,
v.
TURFWAY PARK RACING ASSOCIATION, INC.; Rockingham Venture, Inc.; Douglas Racing Corporation, d/b/a Ak-Sar-Ben; Bensalem Racing Association, d/b/a Philadelphia Park; and Dakota Race Management, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued February 28, 1994.
Decided April 6, 1994.
Attorney(s) appearing for the Case
Douglas L. McSwain (argued and briefed), Don Siler Sturgill, Katherine M. Coleman, Sturgill, Turner & Truitt, Lexington, KY, for plaintiff-appellant.
Douglas N. Letter (argued and briefed), Dept. of Justice, Appellate Staff, Civ. Div., Washington, DC, for intervenor.
Charles H. Deters, Thomas W. Bosse (argued and briefed), Deters, Benzinger & Lavelle, Covington, KY, for Turfway Park Racing Ass'n, Inc.
James A. Philpott, Jr., Lexington, KY, for Rockingham Venture, Inc.
Charles H. Deters, Deters, Benzinger & Lavelle, Covington, KY, for Douglas Racing Corp., Bensalem Racing Ass'n, Dakota Race Management.
Richard E. Plymale, Patrick W. Madden (briefed), Brown, Todd & Heyburn, Lexington, KY, for amicus curiae Thoroughbred Owners and Breeders Ass'n.
Bruce H. Schneider (briefed), William A. Rome, Stroock & Stroock & Lavan, New York City, for amicus curiae Jockeys Guild, Inc.
Before: KENNEDY and GUY, Circuit Judges; and CONTIE, Senior Circuit Judge.
United States Court of Appeals, Sixth Circuit.
CONTIE, Senior Circuit Judge.
The Kentucky Division, Horsemen's Benevolent & Protective Association, Inc., appeals the district court's September 20, 1993 Opinion and Order1 declaring the Interstate Horseracing Act of 1978, 15 U.S.C. §§ 3001-3007, unconstitutional. We reverse and remand for the following reasons.
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