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TRUMP HOTELS & CASINO RESORTS v. MIRAGE RESORTS

No. 97-5281.

140 F.3d 478 (1998)

TRUMP HOTELS & CASINO RESORTS, INC., Appellant, v. MIRAGE RESORTS INCORPORATED; The State of New Jersey; The New Jersey Department of Transportation; The South Jersey Transportation Authority; The Casino Reinvestment Development Authority; The New Jersey Transportation Trust Fund Authority; John J. Haley, Jr., in his capacity as Acting Commissioner of the New Jersey Department of Transportation; James A. Crawford, in his capacity as Executive Director of the South Jersey Transportation Authority; James B. Kennedy, in his capacity as Executive Director of the Casino Reinvestment Development Authority; Steven Hansen, in his capacity as Executive Director of the New Jersey Transportation Trust Fund Authority.

United States Court of Appeals, Third Circuit.

Decided April 2, 1998.

Attorney(s) appearing for the Case

Herbert J. Stern (Argued), Stern & Greenberg Roseland, NJ, for Appellant.

Peter Verniero, Jeffrey J. Miller, Office of Atty. Gen. of New Jersey, Division of Law, Trenton, NJ, for Appellees, The State of New Jersey, New Jersey Department of Transp., The New Jersey Transp. Trust Fund Authority, John H. Haley, Jr., and Steven Hansen.

Guy P. Ryan, Gilmore & Monahan, Toms River, NJ for Appellees, The South Jersey Transportation Authority and James A. Crawford.

Kevin J. Coakley (Argued), Marc D. Haefner (On Brief), Connell, Foley & Geiser LLP, Roseland, NJ, Michael R. Cole, Riker, Danzig, Scherer, Hyland & Perretti LLP, Morristown, NJ, for Appellees, Casino Reinvestment Development Authority and James B. Kennedy.

Before: GREENBERG, NYGAARD and McKEE, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge:

Trump Hotels & Casino Resorts, Inc., appeals from the district court's Rule 12(b)(6) dismissal of this action which Trump brought under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Securities and Exchange Commission Rule 10b-5, 17 C.F.R. § 240.10b-5. Trump also appeals the district court's subsequent refusal to exercise supplemental jurisdiction over state law claims...

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