MAN O' WAR R.A., INC. v. STATE H.R. COMM.


433 Pa. 432 (1969)

Man O' War Racing Association, Inc., Appellant, v. State Horse Racing Commission.

Supreme Court of Pennsylvania.

February 19, 1969.


Attorney(s) appearing for the Case

Gordon W. Gerber, with him Raymond W. Midgett, Jr., John C. Newcomb, David J. Rachofsky, John T. Macartney, and Dechert, Price & Rhoads, for Man O' War Racing Association, Inc., appellant.

William F. Martson, Assistant Attorney General, with him Joseph P. Work, Deputy Attorney General, and William C. Sennett, Attorney General, for State Horse Racing Commission and the Commissioners, appellees.

Arlin M. Adams, with him Ralph S. Snyder, Bernard J. Smolens, and Schnader, Harrison, Segal & Lewis, for Continental Thoroughbred Racing Association, appellee.

Samuel E. Dennis, with him Richard R. Block, and Meltzer & Schiffrin, for Eagle Downs Race Track, Inc., appellee.

Gilbert Nurick, with him John J. Shumaker, David E. Lehman, and Shumaker, Williams & Placey, and McNees, Wallace & Nurick, for Pennsylvania National Turf Club, Inc., appellee.

Robert E. Woodside, with him Louis G. Feldmann, and Woodside & Woodside, and Feldmann & Ciotola, for Shamrock Racing Association, Inc., appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.


OPINION BY MR. JUSTICE ROBERTS, February 19, 1969:

The Pennsylvania Legislature enacted December 11, 1967, P.L. 707, a bill to authorize the conduct of thoroughbred horse racing with pari-mutuel wagering in the Commonwealth. In addition the legislation provided that an independent State Horse Racing Commission would be established and permitted to grant up to four licenses renewable annually for the conduct of horse race meetings...

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