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U.S. v. WILKINSON

No. 93-5757.

26 F.3d 623 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce N. WILKINSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 2, 1994.

Attorney(s) appearing for the Case

Stephen B. Pence, Asst. U.S. Atty., Office of the U.S. Atty., Louisville, KY, Edwin J. Walbourn, III (briefed), Office of the U.S. Atty., Covington, KY, Bruce E. Reinhart (argued), U.S. Dept. of Justice, Public Integrity Section, Washington, DC, for plaintiff-appellee.

Carter G. Phillips (argued and briefed), Mark D. Hopson, Sidley and Austin, Washington, DC, George Salem, Jr., Louisville, KY, Frank E. Haddad, Jr., Louisville, KY, for defendant-appellant.

Before: NELSON and SILER, Circuit Judges; and WELLFORD, Senior Circuit Judge.

WELLFORD, Senior Circuit Judge.

During the late 1980's, the Kentucky legislature passed legislation allowing for inter-track wagering ("ITW"). Under this legislation, if no horse racing were running at a particular track, it could still operate and compete with other tracks by taking bets through ITW. This law, however, provided that in small communities only tracks featuring thoroughbred horse racing could simulcast such...

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