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BALMORAL RACING CLUB, INC. v. CHURCHILL DOWNS

No. 11 C 1028.

953 F.Supp.2d 885 (2013)

BALMORAL RACING CLUB, INC., Maywood Park Trotting Club Association, Inc., and The Illinois Harness Horsemen's Association, Inc., Plaintiffs, v. CHURCHILL DOWNS, INC., Churchill Downs Tech. Initiatives Co. d/b/a Twinspires.com and youbet.com, LLC, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

June 18, 2013.

Attorney(s) appearing for the Case

Steven Douglas Groth , Paul D. Vink , Bose McKinney & Evans LLP, Indianapolis, IN, Andrew Allen Jacobson , Bryan D. King , Brown, Udell, Pomerantz & Delrahim, Ltd., Chicago, IL, for Plaintiffs.

Paul E. Veith , Alison V. Potter , Sidley Austin LLP, Chicago, IL, for Defendants.

MEMORANDUM OPINION

JOHN F. GRADY, District Judge.

Before the court are: (1) the defendants' motion for summary judgment; (2) the plaintiffs' motion for summary judgment; and (3) the defendants' motion to strike certain exhibits and factual assertions. For the reasons explained below, we deny the parties' motions.

BACKGROUND

A. The Co-Branding Agreement ("CBA")

Plaintiffs Balmoral Racing Club, Inc. ("Balmoral") and...

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