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CRISSMAN v. DOVER DOWNS ENTERTAINMENT INC.

No. 00-5178.

289 F.3d 231 (2002)

Charles CRISSMAN; Wendy Crissman; *Christine Crissman, Appellants, v. DOVER DOWNS ENTERTAINMENT INC.; Dover Downs, Inc. *(Dismissed as Party per Court's 11/8/2000 Order)

United States Court of Appeals, Third Circuit.

Reargued November 28, 2001.

Filed: April 30, 2002.

Attorney(s) appearing for the Case

Noel E. Primos, Jeffrey J. Clark [Argued], Schmittinger & Rodriguez, Dover, DE, for Appellants, Charles Crissman, Wendy Crissman.

Thomas P. Preston [Argued], Reed Smith, Wilmington, DE, for Appellees, Dover Downs Entertainment Inc., Dover Downs, Inc.

James F. Burnett, Potter, Anderson & Corroon, Wilmington, DE, for Amicus-Appellees, Thoroughbred Racing Associations of North America, Inc., DE Racing Assoc.

Frederick J. Martin, Bleakley, Platt & Schmidt, White Plains, NY, for Amicus-Appellees, Harness Tracks of America.

BEFORE: BECKER, Chief Judge, SLOVITER, MANSMANN, SCIRICA, NYGAARD, ALITO, McKEE, RENDELL, BARRY, FUENTES, and ROSENN, Circuit Judges.

Reargued En Banc: November 28, 2001.

OPINION OF THE COURT

RENDELL, Circuit Judge.

We are called upon in this appeal to determine whether the exclusion of Charles and Wendy Crissman from Dover Downs race track was fairly attributable to the state of Delaware. The Crissmans argue that Dover Downs and the state were in a "symbiotic relationship" such that Dover Downs acted under color of state law based on the Supreme Court's reasoning in Burton...

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