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AMSLEY v. WEST VIRGINIA RACING COMMISSION

No. 11055.

378 F.2d 815 (1967)

John Junior AMSLEY, Appellant, v. WEST VIRGINIA RACING COMMISSION, a Domestic Corporation, Joseph P. Condry, Chairman, W. P. C. Perry, Member, and Harry A. Wallace, Jr., Member, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 29, 1967.

Attorney(s) appearing for the Case

E. F. Lark, Charles Town, W. Va., for appellant.

Thomas B. Yost, Asst. Atty. Gen. of W. Va. (C. Donald Robertson, Atty. Gen. of W. Va., on brief), for appellees.

Before BOREMAN, WINTER and CRAVEN, Circuit Judges.

BOREMAN, Circuit Judge.

Plaintiff, John Junior Amsley, a Pennsylvania resident, brought this action against the West Virginia Racing Commission (hereafter Commission) in the federal district court for the Northern District of West Virginia seeking declaratory and injunctive relief for alleged constitutional deprivations. The Commission, assigning several grounds, moved for dismissal and the action was dismissed upon the sole...

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