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IN RE SUFFOLK REGIONAL OFF-TRACK BETTING CORP.

No. 11-42250-CEC.

462 B.R. 397 (2011)

In re SUFFOLK REGIONAL OFF-TRACK BETTING CORP. d/b/a Suffolk OTB, Debtor.

United States Bankruptcy Court, E.D. New York.

December 2, 2011.

Attorney(s) appearing for the Case

Christopher F. Graham, Esq. , Charles E. Dorkey III, Esq. , Rebecca Tingey, Esq. , McKenna Long & Aldridge LLP, New York, NY, Kelly M. Lamendola, Esq. , McKenna Long & Aldridge LLP, Albany, NY, J. Michael Levengood, Esq. , Alison Elko Franklin, Esq. , David E. Gordon, Esq. , McKenna Long & Aldridge LLP, Atlanta, GA, for Debtor.

Robert J. Brown, Esq. , Daniel I. Waxman, Esq. , Wyatt, Tarrant & Combs, LLP, Lexington, KY, Frank F. Chuppe, Esq. , Wyatt, Tarrant & Combs, LLP, Louisville, KY, for Churchill Downs Inc.

DECISION

CARLA E. CRAIG, Chief Judge.

This matter comes before the Court on the objection of Churchill Downs Incorporated ("Churchill Downs") to the entry of an order for relief in this case, which was filed by Suffolk Regional Off-Track Betting Corporation ("Suffolk OTB" or the "Debtor"). Churchill Downs maintains that Suffolk OTB did not obtain the requisite authorization to commence this chapter 9 bankruptcy case under § 109(c)(2). Suffolk...

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