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TASSISTRO v. LOUISIANA STATE RACING COMMISSION

Nos. 5470, 5471.

269 So.2d 834 (1972)

Constan TASSISTRO v. LOUISIANA STATE RACING COMMISSION. Herman S. KOHLMEYER and Charles Kohlmeyer v. LOUISIANA STATE RACING COMMISSION.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 19, 1972.

Writs Refused January 30, 1973.

Attorney(s) appearing for the Case

Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, Charles Kohlmeyer, Jr., in pro. per., Gothard J. Reck, Salvador Anzelmo, New Orleans, for Herman S. Kohlmeyer, Charles Kohlmeyer, Jr., and Constan Tassistro, plaintiffs-appellants.

William J. Guste, Jr., Warren E. Mouledoux, John E. Jackson, Jr., New Orleans, for Louisiana State Racing Commission, defendant-appellee.

Clay, Coleman, Dutrey & Thomson, Louis J. Dutrey, Jack W. Thomson, New Orleans, for S. Michael Paciera, intervenor-appellee.

Before SAMUEL, CHASEZ and GULOTTA, JJ.

GULOTTA, Judge.

Injunctive relief was sought in consolidated suits by plaintiffs from a ruling of the Louisiana Racing Commission upholding an order of the Stewards suspending the trainer and disqualifying the winning horse, Elli Kay 1 while awarding the purse and breeder's fee to the second place horse. The trial court dismissed both suits. An alternative writ of certiorari was granted ordering...

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