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STATE v. WEST VIRGINIA RACING COMMISSION

No. 10364.

63 S.E.2d 831 (1951)

STATE ex rel. SPIKER v. WEST VIRGINIA RACING COMMISSION et al.

Supreme Court of Appeals of West Virginia.

Decided March 1, 1951.

Attorney(s) appearing for the Case

James M. Mason, III, F. D. Nichols, Charles Town, for relator.

William C. Marland, Atty. Gen., Thomas J. Gillooly, Asst. Atty. Gen., for respondents.

Robert O. Read, Columbus, Ohio, amicus curiae, on behalf of Dan Chappell, President, Horsemen's Benevolent & Protective Association.

HAYMOND, Judge.

In this original proceeding, instituted in this Court by the State of West Virginia at the relation of Clarence W. Spiker, the petitioner Spiker seeks a writ of mandamus to compel the defendants, the West Virginia Racing Commission, a corporation, Mont M. McIntire, its Chairman, Frank J. Brooke, its Vice-Chairman, and Gordon P. Fought, a member of the Commission, to set aside the findings of the Commission, based upon the reported action of the stewards...

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