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RUANE v. NEW YORK STATE RACING AND WAGERING BOARD

No. 580, Docket 75-7556.

532 F.2d 860 (1976)

RUANE et al., and the Jockeys' Guild, Inc. on behalf of all member jockeys licensed in the State of New York, Plaintiffs-Appellants, v. The NEW YORK STATE RACING AND WAGERING BOARD and the Board of Stewards designated and approved by the New York State Racing and Wagering Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 29, 1976.

Attorney(s) appearing for the Case

Elizabeth A. Fitzpatrick, New York City (Jackson, Nash, Brophy, Barringer & Brooks, New York City, Lawrence P. McGauley, Roger D. Smith, Ronald S. Herzog, New York City, of counsel), for appellants.

Joel Lewittes, New York City (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., Mortimer Sattler, Asst. Atty. Gen., New York City, of counsel), for appellee New York State Racing and Wagering Board.

Miles M. Tepper, New York City (Cahill, Gordon & Reindel, New York City, O. Carlysle McCandless, David R. Hyde, New York City, of counsel), for appellee The Board of Stewards.

Before FEINBERG, OAKES and VAN GRAAFEILAND, Circuit Judges.

PER CURIAM:

On September 21, 1974, appellant jockeys refused to ride in the seventh race at Belmont Park unless it was switched from the grass course to the dirt track, because they felt that heavy rains had rendered the turf unsafe. The Stewards obtained substitute riders, and the race was run without mishap on the grass course. Two days later, the Stewards fined each of the recalcitrant jockeys $250 for refusal to fulfill...

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