Empress Casino Joliet Corporation, an Illinois Corporation v. Balmoral Racing Club, Inc., Maywood Park Trotting Association, Inc., Arlington Park…

09-3975Court of Appeals for the Seventh CircuitApr 13, 2011

Full text

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
AMENDED April 13, 2011
April 11, 2011
By the Court:
No. 09‐3975
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
Matthew F. Kennelly,
Judge.
O R D E R
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.1
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.
1 Circuit Judges Joel M. Flaum, Ilana Diamond Rovner, and Ann Claire Williams did not
participate in the consideration of these petitions for rehearing.

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