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FOGT v. COMM.

No. 195.

3 Ohio App. 2d 423 (1965)

FOGT, APPELLEE, v. OHIO STATE RACING COMMISSION, APPELLANT.

Court of Appeals of Ohio, Shelby County.

Decided April 21, 1965.

Attorney(s) appearing for the Case

Messrs. Garmhausen, Lewis & Kerrigan, for appellee.

Mr. William B. Saxbe, attorney general, and Mr. James E. Rattan, for appellant.

KERNS, J.

This is an appeal on questions of law from a judgment of the Court of Common Pleas of Shelby County, which reverses a previous order of the Ohio State Racing Commission.

Eugene Fogt, appellee herein, is a driver and trainer of harness horses, and on October 10, 1959, was the trainer of a horse named Ike Wilmington, which won the fourth race at Scioto Downs, Columbus, Ohio.

Urine samples taken from the horse after the race disclosed a drug...

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