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CALDER RACE COURSE, INC. v. GAITAN

No. 80-1899.

393 So.2d 15 (1980)

CALDER RACE COURSE, INC., Appellant, v. Frank A. GAITAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 17, 1981.

Attorney(s) appearing for the Case

Taylor, Brion, Buker & Greene and Arnaldo Velez, Miami, for appellant.

Lee A. Schillinger, Coral Gables, for appellee.

Before HUBBART, C.J., and NESBITT, J., and MELVIN, WOODROW M. (Ret.), Associate Judge.

NESBITT, Judge.

Calder Race Course, Inc. (Calder) appeals from an order granting Frank A. Gaitan, a trainer, a temporary mandatory injunction requiring it to provide Gaitan with horse stalls.

Since it is conceded that Gaitan has no contractual right to the use of the horse stalls, the focus of our inquiry is to ascertain whether the State of Florida has so regulated this commercial activity, (promoting horse racing), so as to render it a public corporation...

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