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BARCHI v. SARAFAN

No. 76 Civ. 3070 (GLG).

436 F.Supp. 775 (1977)

John BARCHI, Plaintiff, v. Bertram D. SARAFAN, as Chairman and Joseph H. Boyd, Jr., and Eugene J. Keogh, as Members of the New York State Racing & Wagering Board, Division of Harness Racing, Hon. Hugh Carey, Governor of the State of New York, and Hon. Louis J. Lefkowitz, Attorney General of the State of New York, Defendants.

United States District Court, S. D. New York.

As Amended September 5, 1977.

Attorney(s) appearing for the Case

Greco & Faraldo, Kew Gardens, for plaintiff; by Joseph Faraldo, Kew Gardens, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants; by Robert S. Hammer, New York City, of counsel.

Before TIMBERS, Circuit Judge, and GRIESA and GOETTEL, District Judges.

OPINION

GOETTEL, District Judge.

Plaintiff, John Barchi, is a duly licensed harness racing trainer. Defendants are the New York State Racing and Wagering Board (NYSRWB) and the individual members of the Board (the Governor and State Attorney General have also been cited as parties defendant). On July 12, 1976 plaintiff commenced this action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 1343(3), 2281 et seq., challenging the constitutionality...

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