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DALY v. PA. ST. HORSE RACING COMM. ET AL.

No. 1813 C.D. 1976.

38 Pa.Commw. 77 (1978)

John Kevin Daly, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Horse Racing Commission and Eagle Downs Racing Association, Respondents.

Commonwealth Court of Pennsylvania.

October 4, 1978.

Attorney(s) appearing for the Case

Julius E. Fioravanti, for petitioner.

Larrick B. Stapleton, with him Samuel E. Dennis, Richard W. Kessler, and Meltzer & Schiffrin, for respondents.

Argued June 9, 1978, before Judges CRUMLISH, JR., BLATT and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE BLATT, October 4, 1978:

This is an appeal by John Kevin Daly (Daly) from an order of the Pennsylvania State Horse Racing Commission (Commission) which affirmed his exclusion from the Keystone Race Track by the Eagle Downs Racing Association (Eagle Downs).

On August 6, 1976 Daly, a thoroughbred horse racing jockey, was notified that he would be henceforth excluded from the Keystone Race Track at race meets conducted by Eagle Downs. This action...

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