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SANDERSON v. NEW MEXICO STATE RACING COMMISSION

No. 8610.

453 P.2d 370 (1969)

80 N.M. 200

Luther Eugene SANDERSON, Plaintiff-Appellee, v. NEW MEXICO STATE RACING COMMISSION, Floyd B. Rigdon, Chairman, Harvey Foster, Executive Secretary, H.J. Lee, Charles Loughridge, C. J. Warren, and Guido Zecca, Members of the New Mexico State Racing Commission, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied April 30, 1969.

Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., Roy G. Hill, Deputy Atty. Gen., Santa Fe, for appellants.

McAtee, Marchiondo & Michael, Patrick L. Chowning, Albuquerque, for appellee.

OPINION

COMPTON, Justice.

The petitioner is an owner and trainer of a race horse named Countess Eureka which won a race held at the New Mexico State Fair. A urine sample was taken as provided by the Rules of Racing and an analysis of this sample revealed an extremely low concentration of a drug in nature of procaine. A report of this analysis to the State Racing Commission stated that the low concentration indicated that the drug had not been used as a ...

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