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STATE EX REL. GERSTEIN v. HIALEAH RACE COURSE, INC.

No. 39981.

245 So.2d 53 (1971)

STATE of Florida ex rel. Richard E. GERSTEIN As State Attorney for the 11TH Judicial Circuit of the State of Florida, Appellant, v. HIALEAH RACE COURSE, INC., et al., Appellees.

Supreme Court of Florida.

February 25, 1971.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., and Roger W. Foote, Asst. Atty. Gen., for appellant.

James Knight of Walton, Lantaff, Schroeder, Carson & Wahl, Miami and Chester Bedell, Jacksonville, for Hialeah Race Course, Inc. and Eugene Mori.

Marion E. Sibley and Allan M. Glaser of Sibley, Giblin, Levenson & Ward, Miami Beach, and Worley & Gautier, Miami, for Tropical Park, Inc. and Saul Silberman.

PER CURIAM.

We have before us a direct appeal taken by the State of Florida on the relation of Richard E. Gerstein, a State Attorney, from an Order of the Circuit Court, Dade County, dismissing a complaint directed against appellees for alleged violation of Fla. Stat. § 99.161, F.S.A. In the Order, the Circuit Court held that Fla. Stat. § 99.161(1) (a) (1965), F.S.A., was unconstitutional as violative of the Equal...

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