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STATE v. PERRY

No. 12282.

132 S.E.2d 922 (1963)

STATE of West Virginia ex rel. WHEELING DOWNS RACING ASSOCIATION v. W. P. C. PERRY, Joseph P. Condry, and Harry Wallace, Members of the West Virginia Racing Commission, and West Virginia Racing Commission.

Supreme Court of Appeals of West Virginia.

Decided October 29, 1963.

Attorney(s) appearing for the Case

Clarence E. Martin, Jr., Martinsburg, for relator.

C. Donald Robertson, Atty. Gen., Thomas B. Yost, Asst. Atty. Gen., Charleston, for respondents.

CALHOUN, Judge.

In this original proceeding in mandamus, the relator, Wheeling Downs Racing Association, a corporation, seeks to have the Court require the respondents, West Virginia Racing Commission and its individual members, to remove a certain restriction imposed upon a license issued by the commission to the relator. The case calls for a consideration and application of language contained in Chapter 192, Article 23...

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