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BERKSHIRE DOWNS, INC. v. STATE RACING COMMISSION

350 Mass. 695 (1966)

216 N.E.2d 428

BERKSHIRE DOWNS, INC. vs. STATE RACING COMMISSION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 4, 1966.

Attorney(s) appearing for the Case

Avram G. Hammer (Richard C. Sheppard with him) for the petitioner.

Peter Roth, Assistant Attorney General, for the State Racing Commission.

Lee H. Kozol, for the intervener Eastern Racing Association, Inc.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & SPIEGEL, JJ.

SPIEGEL, J.

This is a petition brought under G.L.c. 30A, § 14, for review of two decisions of the State Racing Commission (commission). One dismissed the application of Berkshire Downs, Inc. (Berkshire) for a twenty-four day running horse racing meeting for the year 1966, and the other granted the applications of Eastern Racing Association, Inc. (Eastern) for two such meetings, for a total of ninety racing days. Eastern...

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