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STATE RACING COMMISSION v. SUPERIOR COURT

Nos. 2 CA-CIV 167, 2 CA-CIV 172.

2 Ariz. App. 270 (1965)

407 P.2d 951

STATE RACING COMMISSION, State of Arizona, ex rel. Darrell F. SMITH, Attorney General, State of Arizona, Petitioner, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF COCHISE, and the Honorable William C. Frey, Judge thereof, Respondent, Fred A. Hill, Real Party In Interest. ARIZONA RACING COMMISSION, Tom Finley, Lew Place, Buell E. Tade, Frank S. Waitman, and Donald Butler, Members, Appellants, v. Fred A. HILL, Appellee.

Court of Appeals of Arizona.

November 22, 1965.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Philip M. Haggerty, Asst. Atty. Gen., Phoenix, for petitioner and appellants.

Royal & Carlson, by Peter Chase Neumann, Tucson, for real party in interest and appellee.

HATHAWAY, Judge.

Fred A. Hill made application to the Arizona Racing Commission for a racing permit pursuant to A.R.S. § 5-107. He sought a permit to conduct greyhound dog racing in Cochise County, Arizona, near Benson.

The Arizona Racing Commission denied Hill's application and he appealed from that decision to the Superior Court pursuant to A.R.S. § 5-108, subsec. E as amended. The Superior Court found that Hill was entitled to have the racing...

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