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HUBEL v. WEST VIRGINIA RACING COMMISSION

No. 74-1894.

513 F.2d 240 (1975)

Richard L. HUBEL and Horsemen's Benevolent and Protective Association, Appellants, v. The WEST VIRGINIA RACING COMMISSION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1975.

Attorney(s) appearing for the Case

Phillip J. Campanella, Cleveland, Ohio (Lawrence I. Byrnes, Spieth, Bell, McCurdy & Newell, Cleveland, Ohio, George A. Chadwick, Jr., and Chadwick & Titus, Washington, D. C., on brief), for appellants.

William D. Highland, Asst. Atty. Gen. of West Virginia (Chauncey H. Browning, Jr., Atty. Gen., and Phillip D. Gaujot, Asst. Atty. Gen. of West Virginia, on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

WINTER, Circuit Judge:

We are asked to hold invalid, as offending due process of law, a rule of the West Virginia Racing Commission which prohibits a stay of any suspension of an owner's or trainer's permit to engage in horseracing, suspended under a rule which permits the stewards at a racing meeting summarily to suspend owners' and trainers' permits with respect to any horse found to have been "doped," pending a hearing and formal determination of the person or...

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