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ARASERV, INC. v. BAY STATE HARNESS, ETC.

Civ. A. No. 77-0343-F.

437 F.Supp. 1083 (1977)

ARASERV, INC. v. BAY STATE HARNESS HORSE RACING AND BREEDING ASSOCIATION, INC., et al.

United States District Court, D. Massachusetts.

July 7, 1977.

Attorney(s) appearing for the Case

A. Theodore Welburn, Gravill & Ley Inc., Boston, Mass., for plaintiff.

Allen E. Erickson, Town Counsel, Foxborough, Mass., for Bd. of Selectmen, Foxborough.

James J. Marcellino, Daniel B. Bickford, Gaston, Snow & Ely Bartlett, Boston, Mass., for Bay State Harness.

Mark Witkin, Bloom, Rosenwald & Witkin, Boston, Mass., for Foxboro Associates.

William J. Eisen, Lourie & Cutler, Boston, Mass., for Elias M. Loew.

Earle C. Cooley, Robert D. Keefe, Hale & Dorr, Boston, Mass., for Keelan, N. E. Harness Raceways, EJK Inc., Foxboro Associates, and Raceway Concessions Inc.

MEMORANDUM

FREEDMAN, District Judge.

This matter is before the Court on the plaintiff's motion for a preliminary injunction. On June 22, 1977, the Court issued an order denying plaintiff's motion. This memorandum sets forth the findings of facts and conclusions of law upon which that order was based. In order to obtain preliminary injunctive relief, the plaintiff must show it has a reasonable probability of success on the merits of its claim and that without...

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