NOURSE, P.J.
Plaintiff had a temporary injunction restraining defendant from attending races at the track operated by plaintiff. The hearing was had on the verified complaint, oral testimony and the demurrer and opposition filed by defendant.
The proceeding rests on the rules of the California Horse Racing Board adopted pursuant to statute. (Bus. & Prof. Code, § 19561.) The pertinent provisions of these rules read:
"41. All persons guilty...
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