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GILLIGAN ET AL. v. PA. HORSE RAC. COMM. ET AL.

No. 2665 C.D. 1978.

46 Pa.Commw. 595 (1979)

James Gilligan et al., Petitioners v. Pennsylvania Horse Racing Commission et al., Respondents; Jockeys' Guild, Inc., Intervenor-Respondent.

Commonwealth Court of Pennsylvania.

October 24, 1979.

Attorney(s) appearing for the Case

David S. Kohn, for petitioners.

Bartholomew J. DeLuca, Jr., Deputy Attorney General, with him David H. Allshouse, Deputy Attorney General, Norman J. Watkins, Deputy Attorney General, Chief, Civil Litigation, and Edward G. Biester, Jr., Attorney General, for respondents.

Argued September 13, 1979, before Judges CRUMLISH, JR., ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., October 24, 1979:

On October 19, 1978, the Pennsylvania Horse Racing Commission (Commission), following an advertisement in 8 Pa. B. 2470 (1978), unanimously adopted an amendment to Rule 9.15 of the Rules of Racing in 8 Pa. B. 3342 (1978). Rule 9.15 provides a schedule permitting an increase of riding fees to jockeys by horse owners or trainers. The amendment was proposed to the Commission by the Jockeys' Guild, Inc., an association...

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