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TWEEL v. WEST VIRGINIA RACING COMMISSION

No. 10585.

76 S.E.2d 874 (1953)

TWEEL v. WEST VIRGINIA RACING COMMISSION, etc., et al.

Supreme Court of Appeals of West Virginia.

Decided June 30, 1953.

Concurring Opinion July 9, 1953.

Attorney(s) appearing for the Case

Campbell, McNeer & Woods, Selden S. McNeer, and Robert K. Emerson, Huntington, for petitioner.

John G. Fox, Atty. Gen., W. Bryan Spillers, Asst. Atty. Gen., for defendants.

GIVEN, Judge.

In this original proceeding in mandamus Nicholas J. Tweel, petitioner, seeks the issuance of a writ commanding the defendant, West Virginia Racing Commission, "to issue a license to petitioner to conduct a horse race meeting at petitioner's race track", to be constructed partly in Cabell County and partly in Putnam County, West Virginia. An application for the license was made by petitioner and refused by the...

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