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VILLAGE OF ROSEMONT v. JAFFE

Nos. 05-4558, 06-1984.

482 F.3d 926 (2007)

VILLAGE OF ROSEMONT, Plaintiff-Appellant, v. Aaron JAFFE, et al., Defendants-Appellees. Emerald Casino, Inc., Plaintiff-Appellant, v. Illinois Gaming Board, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Argued July 12, 2006.

Decided April 3, 2007.

Rehearing and Rehearing Denied May 2, 2007.

Attorney(s) appearing for the Case

David B. Goroff (argued), Foley & Lardner, Chicago, IL, for Appellant Village of Rosemont in No. 05-4558.

Richard S. Huszagh (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Appellees Gardner, Winkler, Sullivan and Moore in No. 05-4558.

Sven Nylen, Kirkland & Ellis, Chicago, IL, for Debtor-Amicus Curiae Emerald Casino, Inc. in No. 05-4558.

William J. Barrett, Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, Chicago, IL, Deborah L. Ahlstrand, Richard S. Huszagh (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Appellees Illinois Gaming Board, Jaffe, Gardner, Winkler and Moore in No. 06-1984.

Robert R. Gasaway (argued), Kirkland & Ellis, Washington, DC, for Debtor-Appellant Emerald Casino, Inc. in No. 06-1984.

Before BAUER, RIPPLE, and WOOD, Circuit Judges.

Argued February 7, 2006 in No. 05-4558.

Argued July 12, 2006 in No. 06-1984.

Rehearing and Rehearing En Banc Denied May 2, 2007.*

WOOD, Circuit Judge.

Approximately 15 years ago, the Illinois Gaming Board (IGB, or Board) issued a state riverboat gambling license to Emerald Casino, Inc. Although Emerald operated for a time in East Dubuque, Illinois, it closed that facility in 1997; two years later, it attempted to...

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