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HUBEL v. WEST VIRGINIA RACING COMMISSION

Civ. A. No. 73-171.

376 F.Supp. 1 (1974)

Richard L. HUBEL et al., Plaintiffs, v. The WEST VIRGINIA RACING COMMISSION, Defendant.

United States District Court, S. D. West Virginia, Charleston Division.

May 24, 1974.

Attorney(s) appearing for the Case

Lawrence I. Brynes and Phillip J. Campanella, Spieth, Bell, McCurdy & Newell, Cleveland, Ohio, William E. Mohler, Charleston, W. Va., George A. Chadwick, Jr., Chadwick & Titus, Washington, D. C., for plaintiffs.

Phillip D. Gaujot, Asst. Atty. Gen., Charleston, W. Va., for defendant.

MEMORANDUM ORDER

K. K. HALL, District Judge.

This is an action to determine the constitutionality of Rule 804 of the West Virginia Racing Commission. Jurisdiction is asserted under 28 U.S.C.A., § 1343.

Plaintiff, Richard L. Hubel, is a race horse trainer licensed by the State of West Virginia. On May 23, 1973, racing officials at Waterford Park, Wheeling Downs, West Virginia, determined that plaintiff had violated Rules 793 and 795(b),

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