By Tony Romeo

HARRISBURG, Pa. (CBS) – A Gaming Control Board spokesman says the panel will seek dismissal of a lawsuit filed earlier this week attempting to stop the board from issuing a license for a second casino in the city of Philadelphia.

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Gaming Control Board spokesman Richard McGarvey says the lawsuit was filed by investors with a small stake in the city’s existing casino, SugarHouse. The suit asserts that nothing in the state gaming law vests the board with the authority to re-issue a new license after revoking the original license issued to Foxwoods — something the board disputes.

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“The Gaming Control Board did receive a copy of the petition or the lawsuit if you want to call it that,” McGarvey said. “And certainly the board will respond to that petition and seek dismissal of the action because we truly believe it is without support in the law.”

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After years of delays in getting the project going, the gaming board revoked Foxwoods’ license for a Philadelphia casino in December 2010 and the board is currently vetting applications for a new license.