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ASSOCIATION FOR FAIRNESS IN BUSINESS v. NEW JERSEY

Civil Action No. 99-5733.

82 F.Supp.2d 353 (2000)

ASSOCIATION FOR FAIRNESS IN BUSINESS INC., a New Jersey Non-Profit Corporation, Plaintiff, v. The State of NEW JERSEY, The New Jersey Casino Control Commission, a Public Body Corporate and Politic of the State of New Jersey, John J., Farmer, Jr., Esq., Attorney General of the State of New Jersey, and James R. Hurley, Chairperson of the New Jersey Casino Control Commission, Defendants.

United States District Court, D. New Jersey.

February 8, 2000.

Attorney(s) appearing for the Case

Salvatore Perillo, Perskie, Nehmad & Perillo, P.C., Atlantic City, NJ, for Plaintiff, Ass'n for Fairness In Business Inc.

John J. Farmer, Jr., Attorney General of New Jersey, Mark Turner Holmes, Deputy Attorney General, Trenton, NJ, for Defendants, State of New Jersey and John J. Farmer, Jr., Attorney General of New Jersey.

John R. Zimmerman, General Counsel, New Jersey Casino Control Com'on, David C. Missimer, Assistant General Counsel, Atlantic City, NJ, for Defendants, New Jersey Casino Control Com'n and James R. Hurley, Chairman, New Jersey Casino Control Com'n.

OPINION

ORLOFSKY, District Judge.

In this case, I am called upon to decide whether the minority "set-aside" provisions of New Jersey's Casino Control Act and the implementing regulations promulgated by the Casino Control Commission are constitutional. However well intentioned the Act and the implementing regulations may be, I conclude that they do not pass constitutional muster under the current jurisprudence of the United States Supreme Court, and the law...

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