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HOTEL AND RESTAURANT EMPLOYEES v. READ

Civ. A. No. 81-2630(SSB).

641 F.Supp. 757 (1986)

HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS INTERNATIONAL UNION LOCAL 54 and Frank Gerace, President Hotel and Restaurant Employees and Bartenders International Union Local 54 and Frank Materio, Business Agent Hotel and Restaurant Employees and Bartenders International Union Local 54, Plaintiffs, v. Walter N. READ, Chairman, Donald Thomas, Commissioner, Carl Zeitz, Commissioner, Joel Jacobson, Commissioner, and E. Kenneth Burdge, Commissioner, Constituting the New Jersey Casino Control Commission, and Thomas O'Brien, Director Department of Law and Public Safety Division of Gaming Enforcement and Department of Law and Public Safety Division of Gaming Enforcement and Thomas Kean, Governor, Defendants.

United States District Court, D. New Jersey.

August 25, 1986.

Attorney(s) appearing for the Case

Meranze & Katz by Michael N. Katz, William Wallen, Atlantic City, N.J., for plaintiff Local 54.

Robert J. Genatt, Gen. Counsel, N.J. Casino Control Comn. by John Zimmerman, Sr. Asst. Counsel, Leonard J. DiGiacomo, Steven M. Ingis, Asst. Counsels, and Anthony J. Parrillo, Acting Director, Div. of Gaming Enforcement by Gary A. Ehrlich, Deputy Atty. Gen., Trenton, N.J., for defendants.

OPINION

BROTMAN, District Judge:

The Hotel and Restaurant Employees and Bartenders International Union Local 54 ("Local 54") and its President, Frank Gerace, initiated this action in order to prevent the enforcement of sections 86 and 93 of the New Jersey Casino Control Act ("Casino Control Act"), N.J.S.A. 5:12-86, 93, against the union and officers Gerace, Frank Materio and Karlos LaSane. Plaintiffs also sought a declaratory judgment that the statute is...

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