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YANNUZZI v. PA. ST. HORSE RACING COMM.

No. 654 C.D. 1977.

37 Pa.Commw. 288 (1978)

Joseph Yannuzzi, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Horse Racing Commission, Respondent.

Commonwealth Court of Pennsylvania.

August 23, 1978.

Attorney(s) appearing for the Case

Julius E. Fioravanti, for petitioner.

Larrick B. Stapleton, General Counsel, for respondent.

Argued June 9, 1978, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, August 23, 1978:

This rather unusual case involves a dispute over an unwanted and allegedly lame horse named Free Puff. Free Puff's owner, Sundance Stables, entered the horse in a "claiming race" on October 28, 1976. The entry of a horse in a claiming race is, in effect, an offer to sell the horse for its "entered prize." See Rule of Racing 12.01. The "offer" is accepted by making a "claim," i.e., by completing a claim form and...

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