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Empress Casino Joliet Corporation v. Balmoral Racing Club

United States Court of Appeals For the Seventh Circuit


April 11, 2011

EMPRESS CASINO JOLIET CORPORATION, AN ILLINOIS CORPORATION, ET AL., PLAINTIFFS‐APPELLANTS,
v.
BALMORAL RACING CLUB, INC., MAYWOOD PARK TROTTING ASSOCIATION, INC., ARLINGTON PARK RACECOURSE, LLC, FAIRMOUNT PARK, INC., AND HAWTHORNE RACE COURSE, INC., DEFENDANTS‐APPELLEES.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:09‐cv‐03585

The opinion of the court was delivered by: Matthew F. Kennelly, Judge.

Chicago, Illinois 60604

AMENDED April 13, 2011

By the Court:

ORDER

The petitions for rehearing en banc filed on March 16, 2011, by Defendants‐Appellees Balmoral Racing Club, Inc., and Maywood Park Trotting Association, Inc., and also by Defendants‐Appellees Arlington Park Racecourse, LLC, Fairmount Park, Inc., and Hawthorne Race Course, Inc., are hereby granted.*fn1

The parties to consolidated appeal No. 10‐1019 did not seek rehearing en banc; therefore, rehearing is granted solely in No. 09‐3975. With respect to that appeal, the panel's judgment and pages 23 to 42 of the panel's opinion are vacated. Reargument will be scheduled in a later order.


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