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CLUB ASS'N v. WISE

No. 01-2154.

293 F.3d 723 (2002)

CLUB ASSOCIATION of West Virginia, Incorporated; Chris Wakim; Foundation Corporation; Bradley Yeater; Truckstop Games of WV, LLC; Viking Vending Services, LLC, Plaintiffs-Appellants, v. Robert E. WISE, JR., in his official capacity as Governor of the State of West Virginia; John C. Musgrave, in his official capacity as the Director of the West Virginia Lottery Commission; West Virginia Lottery Commission; Howard E. Hill, JR., Colonel, in his official capacity of the West Virginia State Police, Defendants Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 17, 2002.

Attorney(s) appearing for the Case

Richard B. Sandow, Jones, Gregg, Creehan & Gerace, L.L.P., Pittsburgh, Pennsylvania, for Appellants. Thomas Ryan Goodwin, Special Assistant Attorney General, Goodwin & Goodwin, L.L.P., Charleston, West Virginia, for Appellees. ON BRIEF: John P. Davis, III, Jones, Gregg, Creehan & Gerace, L.L.P., Pittsburgh, Pennsylvania, for Appellants. Johnny M. Knisely, II, Carrie Goodwin Fenwick, Goodwin & Goodwin, L.L.P., Charleston, West Virginia, for Appellees.

Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

OPINION

PER CURIAM.

Club Association of West Virginia and other plaintiffs appeal the District Court's decision to dismiss the case pursuant to the Tax Injunction Act, and, in the alternative, abstain pursuant to Railroad Comm'n of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). They seek an adjudication of the merits of their claims that, inter alia, the West Virginia Limited Video Lottery...

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