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WEXLER v. MARYLAND STATE FAIR

No. 5663.

164 F.2d 477 (1947)

WEXLER v. MARYLAND STATE FAIR, Inc., et al.

Circuit Court of Appeals, Fourth Circuit.

November 22, 1947.

Attorney(s) appearing for the Case

Richard J. Connor, of Washington, D. C. (Gallagher, Oshermann, Connor and Butler, of Washington, D. C., on the brief), for appellant.

Eben J. D. Cross and J. Nicholas Shriver, Jr., both of Baltimore, Md. (James J. Lindsay, Lawrence Perin, Robert H. Archer and John W. Farrell, all of Baltimore, Md., on the brief), for appellees.

Before PARKER, SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal from a summary judgment for the defendants entered upon the pleadings and affidavits in an action to recover the winner's purse in a horse race. The defendants alleged that, although the horse ran first in the race, the purse was not paid because, by order of the Maryland Racing Commission, the horse had been disqualified and the purse had been distributed, upon a realignment of the horses in the race. Affidavits were offered by defendants...

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