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ILL. RACING BD. v. ARLINGTON PARK THOROUGHBRED RACE TRACK CORP.

No. 79-116.

76 Ill. App.3d 289 (1979)

395 N.E.2d 93

ILLINOIS RACING BOARD, Plaintiff-Appellee, v. ARLINGTON PARK THOROUGHBRED RACE TRACK CORPORATION et al., Defendants-Appellees. — (PYRAMID TROTTING ASSOCIATION, INC., Defendant-Appellant.)

Appellate Court of Illinois — First District (3rd Division).

Opinion filed September 12, 1979.

Attorney(s) appearing for the Case

Mitchell, Russell and Kelly, of Chicago (Thomas J. Russell and William H. Kelly, Jr., of counsel), for appellant.

Daley, Reilly & Daley, and Goldberg, Kohn, Bell, Black & Rosenbloom, both of Chicago (Thomas D. Nash, Jr., Francis J. Reilly, Thomas J. Cisar, and Emil A. Peterson, of counsel), for appellees.

Order affirmed.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

This matter arises from an interpleader action filed by the Illinois Racing Board and involves an interpretation of a part of the Illinois Horse Racing Act of 1975 which created the Illinois Race Track Improvement Fund. (See Ill. Rev. Stat. 1977, ch. 8, pars. 37-1 through 37-51.) The trial court held, in paragraph 1 of its order, that the Improvement Fund is not unitary in nature, but...

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