Legal Opinion

William Fitzgerald v. Mountain Laurel Racing, Inc., Kenneth Marshall and John Knight, Presiding Judge

Court of Appeals for the Third Circuit

Decided November 26, 1979No. 78-2460PublishedCited by 89 opinions

1Opinion of the Court

OPINION OF THE COURT

ROSENN, Circuit Judge.

We are required in this appeal to plunge once again into the murky waters of the state action doctrine underlying a civil rights action brought under 42 U.S.C. § 1983.1 Specifically, we are asked to determine whether the act of a heavily state regulated private harness racing association in expelling a licensed trainer and driver from its track without a hearing, on the ground that the driver has violated a state harness racing commission rule, is state action for purposes of a section 1983 suit. *592The district court concluded that state action was…

2Cases cited27 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Paul v. DavisSupreme Court of the United States · 1976
  3. Boddie v. ConnecticutSupreme Court of the United States · 1971
  4. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  5. Steffel v. ThompsonSupreme Court of the United States · 1974

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3Cited by89 opinions

  1. Frank E. Acierno v. New Castle CountyCourt of Appeals for the Third Circuit · 1994
  2. In Re Arthur Treacher's Franchisee Litigation. Arthur Treacher's Fish & Chips, Inc. v. A & B Management Corporation v. Mrs. Paul's Kitchens, Inc. (Additional on the Counterclaims) Appeal of a & B Management Corporation. In Re Arthur Treacher's Franchisee Litigation. Arthur Treacher's Fish & Chips, Inc. v. A & B Management Corporation v. Mrs. Paul's Kitchens, Inc. (Additional on the Counterclaims) Appeal of Arthur Treacher's Fish & Chips, Inc., and Mrs. Paul's Kitchens, Inc., Third PartyCourt of Appeals for the Third Circuit · 1982
  3. Kulick, Robert J. v. Pocono Downs Racing Ass'n, Inc. Banks, Joseph, in His Capacity as President of Pocono Downs Racing Ass'n, Inc.Court of Appeals for the Third Circuit · 1987
  4. Morton v. BeyerCourt of Appeals for the Third Circuit · 1987
  5. Bennington Foods LLC v. St. Croix Renaissance Group, LLPCourt of Appeals for the Third Circuit · 2008

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