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BOETTI v. OGDEN SUFFOLK DOWNS, INC.

Civ. A. No. 84-959-C.

587 F.Supp. 1048 (1984)

Cheryl BOETTI and Ernest Maiero, Plaintiffs, v. OGDEN SUFFOLK DOWNS, INC., et al., Defendants.

United States District Court, D. Massachusetts.

July 24, 1984.

Attorney(s) appearing for the Case

Edward F. McDermott, Boston, Mass., for plaintiffs.

George I. Goverman, Alan R. Hoffman, Lynch, Brewer, Hoffman & Sands, Boston, Mass., for Ogden Suffolk Downs, Inc., Carrozzella and McLaughlin.

Jacqueline L. Allen, Asst. Atty. Gen., Boston, Mass., for Moseley and Furlong.

MEMORANDUM

CAFFREY, Chief Judge.

This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff alleges that the defendants acted individually and as members of a conspiracy to deprive plaintiff of her constitutional rights. Defendants move to dismiss.

The facts alleged in the complaint, which for purposes of the motions to dismiss must be taken as true, are as follows. On August 8, 1982, the fifth race of the day at Ogden Suffolk...

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