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STATE RACING COMMISSION v. McMANUS

No. 9091.

476 P.2d 767 (1970)

82 N.M. 108

The STATE RACING COMMISSION and its members, Robert M. Lee, George J. Maloof, John Augustine, Jr., Dr. L.E. Farrell and William Gallagher, and La Mesa Park Racetrack Board of Racing Stewards and its members, Richard Thomas, A.R. Barrett, and Henry Zarges, Petitioners, v. The Honorable John B. McMANUS, Jr., District Judge, Second Judicial District, Bernalillo County, New Mexico, and Ronnie Ellis, Respondents.

Supreme Court of New Mexico.

November 2, 1970.

Attorney(s) appearing for the Case

James A. Maloney, Atty. Gen., Mark B. Thompson, III, Asst. Atty. Gen., Santa Fe, for petitioners.

McAtee, Marchiondo & Michael, Pat Chowning, Albuquerque, for respondents.

OPINION

WATSON, Justice.

Having issued an alternative writ of prohibition, we must now decide whether to make the same permanent. Our alternative writ prohibited the respondent district judge from proceeding further in Cause No. A48680, District Court of Bernalillo County. There, the respondent, on the petition of Ronnie Ellis, a jockey, had entered an ex parte order temporarily restraining petitioners from enforcing a suspension of Ellis, required by an...

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