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Resorts (D) banned Uston (P) from playing blackjack at its casino because the strategy he used increased his chances of winning money. P was a card counter. P concedes that his strategy of card counting can tilt the odds in his favor under the current blackjack rules promulgated by the Casino Control Commission. P contends that D has no common law or statutory right to exclude him because of his strategy for playing blackjack. P sued and prevailed, and D appealed.

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