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HORSEMEN'S BENEV. & PROT. v. ATLANTIC CITY RACING

98 N.J. 445 (1985)

487 A.2d 707

HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, NEW JERSEY DIVISION, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. ATLANTIC CITY RACING ASSOCIATION, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 14, 1985.

Attorney(s) appearing for the Case

David M. Satz, Jr., argued the cause for appellant and cross-respondent (Saiber, Schlesinger, Satz & Goldstein, attorneys; David J. D'Aloia, on the briefs).

Dennis O. Dowd argued the cause for respondent and cross-appellant (Dowd & Dowd, attorneys).

Joel H. Sterns argued the cause for amicus curiae Standardbred Breeders and Owners Association of New Jersey, Inc. (Sterns, Herbert & Weinroth, attorneys; Simon Kimmelman and Richard M. Hluchan, on the brief).

The opinion of the Court was delivered by POLLOCK, J.

The Horsemen's Benevolent & Protective Association, New Jersey Division (NJHBPA) sued the Atlantic City Racing Association (ACRA) for money allegedly due from the 1978 and 1979 racing seasons and for equitable relief that it no longer seeks. The basis of the claim for money is N.J.S.A. 5:5-66, which authorizes payments by racetracks to NJHBPA from purse money won by horse owners. ACRA asserted, among...

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