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OFC COMM BASEBALL v. MARKELL

No. 09-3297.

579 F.3d 293 (2009)

OFC COMM BASEBALL, an unincorporated association doing business as Major League Baseball; Natl Basketball Assn, a joint venture; Natl Collegiate Athletic Assn, an unincorporated association; Natl Football League, an unincorporated association; Natl Hockey League, an unincorporated association, Appellants, v. Jack A. MARKELL, Governor of the State of Delaware; Wayne Lemons, Director of the Delaware State Lottery Office, Appellees.

United States Court of Appeals, Third Circuit.

Filed: August 31, 2009.

Attorney(s) appearing for the Case

Kenneth J. Nachbar [Argued], Pauletta J. Brown, Megan W. Cascio, Susan W. Waesco, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Appellants.

Andre G. Bouchard [Argued], Joel E. Friedlander [Argued], Sean M. Brennecke, David J. Margules, Bouchard, Margules & Friedlander, Wilmington, DE, for Appellees.

Before McKEE, FUENTES and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

In this interlocutory appeal we review an order of the United States District Court for the District of Delaware denying a motion for preliminary injunction filed by the National Football League, the National Basketball Association, the National Hockey League, the Office of the Commissioner of Baseball, and the National Collegiate Athletic Association (collectively, Leagues). The Leagues sought to enjoin Delaware...

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