The state of Delaware’s appeal of a ruling that its plan to allow betting on professional sports violates a federal ban will not be heard, a federal court ruled on Tuesday, reports the Reuters news agency.

Thomas M. Hardiman, one of 3 judges who ruled unanimously in August that Delaware’s plan to allow point-spread bets on individual games in all major sports from 3 racetrack casinos violated federal law and initially ruled that Delaware's betting plans infringe on a federal ban, wrote that the state's en banc petition was given to all active judges of the 3rd Circuit Court of Appeals and a majority decided not to rehear the case.

The state has one more avenue of appeal, the U.S. Supreme Court. However, Governor Jack Markell's spokesman called that route as "unlikely". Instead, for the predictable future and maybe permanently, Delaware will be limited to "parlay" bets on the outcome of at least 3 National Football League NFL games.

The state's 3 racetrack casinos have been offering such wagers at their betting parlors since Sept. 10, opening day of the NFL season. Governor Jack Markell did not comment straight away. But in a written statement, legal counsel Michael Barlow.

Michael Barlow said, "Obviously, we are disappointed with today's ruling. We realize that it is rare that the Third Circuit will hear cases with all 12 active judges, but this was an important issue for the state of Delaware and we thought the state should have a chance to make its case at trial."

Governor Jack Markell spokesman Joe Rogalsky said the state was still reviewing its options, but was unlikely to appeal to the only higher judicial body, the Supreme Court.

"I'm extremely disappointed," said Bill Fasy, president of Delaware Park, which along with Dover Downs and Harrington Raceway spent a total of about $15 million on fancy sports betting venues at their casinos.

"In the big picture this is a blow to any potential growth in our already saturated market." While Delaware, which expects to bring in for about $249 million in state revenues from its casinos this year and also preparing to offer table games such as blackjack and roulette in the spring that Atlantic City casinos have long offered them.

Delaware sports gambling will be limited to parlay bets on the outcome of at least 3 National Football League NFL games. About $946,000 has been bet so far.

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