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LEISURE TIME CRUISE CORP. v. TOWN OF BARNSTABLE

No. Civ.A. 99-11271-MLW.

62 F.Supp.2d 202 (1999)

LEISURE TIME CRUISE CORPORATION, Plaintiff, v. TOWN OF BARNSTABLE; Cape Cod Commission; and Town of Barnstable Conservation Commission by and through its members Albert O. Barbour, Elisabeth E. Clark, Deborah J. Shiflett-Fitton, Edward O. Handy, Virginia D. Keil, Robert A. Lancaster, and Judith A. Heller, Defendants.

United States District Court, D. Massachusetts.

July 29, 1999.

Attorney(s) appearing for the Case

Michael J. Princi, Wynn & Wynn, P.C., Hyannis, MA, for plaintiff.

Robert D. Smith, Ruth J. Weil, Hyannis, MA, Eric W. Wodlinger, Choate, Hall & Stewart, Boston, MA, Jocelyn M. Sedney, Leonard H. Kesten, Brody, Hardoon, Perkins & Kesten, Boston, MA, for Defendants.

ORDER

SARIS, District Judge.

This case involves a high-stakes struggle over gambling off the coast of Cape Cod in the waters of Nantucket Sound. Plaintiff Leisure Time Cruise Corporation ("Leisure Time") has moved for a preliminary injunction enjoining the defendants from interfering with its operation of a gambling boat, a so-called "cruise to nowhere," out of Hyannis Harbor. Because state regulation of gambling is not federally preempted and no...

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