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Delaware Tries High Court

Published: January 28, 2010 2:31 pm ET

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The state of Delaware has filed a 106-page appeal to the U.S. Supreme Court, contending that a lower court overstepped its authority by limiting sports betting in the state.

The Delaware lawyers said the 3d U.S. Circuit Court of Appeals had committed several legal errors when it said the state could offer no more in sports betting than it did in a 1976 experiment.

They called the case “a poster child for the proposition that federal appeals courts should rarely convert a preliminary injunction appeal to a merits appeal.”

Racinos at Dover Downs, Harrington Raceway and Delaware Park are paying up to $50,000 each for legal fees covering the state’s filing.

(Harness Tracks of America)

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