Sterling Suffolk v. Burrillville Racing

CourtCourt of Appeals for the First Circuit
DecidedMarch 26, 1993
Docket92-2260
StatusPublished

This text of Sterling Suffolk v. Burrillville Racing (Sterling Suffolk v. Burrillville Racing) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sterling Suffolk v. Burrillville Racing, (1st Cir. 1993).

Opinion

USCA1 Opinion


March 26, 1993

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
_________________________

No. 92-2260

STERLING SUFFOLK RACECOURSE LIMITED PARTNERSHIP,

Plaintiff, Appellant,

v.

BURRILLVILLE RACING ASSOCIATION, INC.,

Defendant, Appellee.

_________________________

ERRATA SHEET

The opinion of this Court issued March 25, 1993, is amended
as follows:

Remove duplicated "BEFORE" from cover page of opinion.
BEFORE

March 25, 1993 [SYSTEMS NOTE: For version of this opinion with
the appendix included, please contact the Clerk's Office, United
States Court of Appeals for the First Circuit. This version of
the opinion DOES NOT contain the appendix.]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
_________________________

No. 92-2260

STERLING SUFFOLK RACECOURSE LIMITED PARTNERSHIP,

Plaintiff, Appellant,

v.

BURRILLVILLE RACING ASSOCIATION, INC.,

Defendant, Appellee.

_________________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Ronald R. Lagueux, U.S. District Judge]
___________________

_________________________

Before

Selya, Cyr and Stahl, Circuit Judges.
______________

_______________________

E. Randolph Tucker, with whom Michael D. Ricciuti, David B.
___________________ ___________________ ________
Crevier, Joshua M. Davis, and Hill & Barlow were on brief, for
_______ ________________ ______________
appellant.
Kent E. Mast, with whom Peter J. McGinn, Tillinghast Collins
____________ _______________ ___________________
& Graham, and Kilpatrick & Cody were on brief, for appellee.
________ _________________

_________________________

_________________________

SELYA, Circuit Judge. In this appeal, we confront two
SELYA, Circuit Judge.
_____________

issues of novel impression at the appellate level. First, we

must determine whether the Interstate Horseracing Act (IHA), 15

U.S.C. 3001-3007 (1988), the full text of which is set out in

the appendix, contains an implied private right of action in

favor of racetracks situated within sixty miles of a display

track, i.e., a track that accepts interstate off-track wagers on
____

races to be run at distant tracks and then simulcasts the actual

races. Second, we must determine whether certain alleged

violations of the IHA comprise a pattern of racketeering activity

falling within the ambit of the Racketeer Influenced and Corrupt

Organizations Act (RICO), 18 U.S.C. 1961-1968 (1988 & Supp.

III 1991). Believing, as we do, that the court below correctly

answered both inquiries in the negative, we affirm.

I. AT THE STARTING GATE
I. AT THE STARTING GATE

The relevant facts are not in dispute. Plaintiff-

appellant Sterling Suffolk Racecourse Limited Partnership

(Suffolk) conducts live horseracing at Suffolk Downs, a track in

the metropolitan Boston area. Approximately fifty miles away, in

Lincoln, Rhode Island, defendant-appellee Burrillville Racing

Association, Inc. (Lincoln) operates a greyhound track (Lincoln

Greyhound Park) and an off-track betting (OTB) office, see 15
___

U.S.C. 3002(8), for, inter alia, accepting interstate off-track
_____ ____

wagers, see 15 U.S.C. 3002(3). This means, in short, that
___

Lincoln accepts bets on horseraces to be run at distant tracks

and, employing telephone and wire linkages, effectively places

3

these wagers in the host track's parimutuel pool. When a race is

run, closed circuit television transmission enables Lincoln's

patrons to witness it. Lincoln then settles with the bettors,

pays a percentage to the host track, and retains the balance.

While this form of wagering is legal under the relevant

laws of all states involved here, 15 U.S.C. 3004(a) prohibits

such wagering at OTB offices unless three parties consent: (1)

the track which conducts the live race; (2) the racing commission

having jurisdiction to regulate racing within the state where the

live race occurs; and (3) the racing commission having

jurisdiction over race wagering in the state where the simulcast

occurs.1 The host racing association, in turn, must obtain the

consent of the trade association representing the owners of

horses running in the live race before signalling its

acquiescence.2 See id. Lincoln procures the consent of these
___ ___

parties for every race on which it accepts wagers.

A separate subsection of the IHA also requires OTB

offices to obtain the approval of "all currently operating tracks

within 60 miles" or, if there are no such tracks, "the closest

currently operating track in an adjoining State," 15 U.S.C.

3004(b)(1), before accepting interstate off-track wagers. It is

____________________

1In the parlance of the IHA, these three entities are called
the "host racing association," "host racing commission," and
"off-track racing commission," respectively. See 15 U.S.C.
___
3002(9)-(11). We refer the reader to the statutory appendix for

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