United States Eleventh Circuit

In dispute over enforceability of contracts under Florida's Pari-Mutuel Wagering Act, summary judgment for defendant is affirmed as the Wagering Act prohibits exclusive or restrictive provisions in Simulcast agreements between an out-of-state host track and a Florida thoroughbred guest track, such as plaintiff's. Summary judgment for plaintiff on defendant's counterclaim is affirmed as defendant's evidence was insufficient, as a matter of law, to establish the relevant market for its antitrust claim.

Appellate Information

• Decided 03/05/2007
• Published 03/05/2007

Judges

• PER CURIAM:, Before BLACK, HILL and ALARCON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Keith E. Rounsaville, Litchford & Christopher, Orlando, FL, for Gulfstream Park Racing Ass'n, Inc., Lara J. Tibbals, David T. Knight, Marie A. Borland, Hill, Ward & Henderson, P.A., James M. Landis, Jon P. Tasso, Foley & Lardner, Tampa, FL, for Tampa Bay Downs, Inc., Jacksonville Greyhound Racing, Inc., Investment Corp. of Palm Beach and Daytona Beach Kennel Club, Inc., Harold F.X. Purnell, Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A., Tallahassee, FL, for Tampa Bay Downs, Inc., Jacksonville Greyhound Racing, Inc., Investment Corp. of Palm Beach, Daytona Beach Kennel Club, Inc. and Intervenors., George L. Waas, Atty. Gen.-Dept. of Legal Affairs, Tallahassee, FL, for Intervenors.