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COLORADO RACING COMMISSION v. SMALDONE

No. 24299.

492 P.2d 619 (1972)

COLORADO RACING COMMISSION et al., Plaintiffs in Error, v. Eugene Louis SMALDONE, Defendant in Error.

Supreme Court of Colorado, En Banc.

January 10, 1972.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Harold L. Neufeld, James K. Kreutz, Asst. Attys. Gen., for plaintiff in error.

Brenman, Ciancio, Rossman, Baum & Sobol, Melvin Rossman, Denver, for defendant in error.

GROVES, Justice.

The Colorado Racing Commission issued a directive barring the defendant in error and eleven others from all licensed racing facilities in the state. As plaintiff (which he is hereinafter called), the defendant in error sought review under C.R.C.P. 106 in the district court. That court reversed, and ruled as follows: The record did not support the directive; there had been a violation of the plaintiff's constitutional rights; and the Commission had...

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