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GILLIGAN v. PA. HORSE RACING COM'N

492 Pa. 92 (1980)

422 A.2d 487

James GILLIGAN et al., Appellees v. PENNSYLVANIA HORSE RACING COMMISSION et al., Appellants in No. 69 May Term, 1979 and Jockeys' Guild, Inc., Appellant in No. 63 May Term, 1979.

Supreme Court of Pennsylvania.

Decided September 22, 1980.

Reargument Denied December 5, 1980.

Attorney(s) appearing for the Case

Fred Speaker, Harrisburg, for appellant (63).

Bartholomew J. DeLuca, Jr., Deputy Atty. Gen., for appellee Pa. Horse Racing (63).

Bruce E. Cooper, Harrisburg, for appellee Gilligan, et al. (63 and 69).

David H. Allshouse, Bartholomew J. DeLuca, Jr., Deputy Attys. Gen., Allen C. Warshaw, Deputy Atty. Gen., Edward G. Biester, Jr., Atty. Gen., for appellants (69).

Thomas B. Schmidt, III, Harrisburg, for appellee Jockeys' Guild Inc. (69).

OPINION

KAUFFMAN, Justice.

This is an appeal from an order of the Commonwealth Court entering judgment on the pleadings upon review of an administrative ruling by the Pennsylvania Horse Racing Commission ("Commission"). The issue presented is whether the Commission exceeded its legislative authority in promulgating a rule setting fees to be paid to jockeys.

The fee schedule originally was adopted in 1968 and remained unchallenged and unchanged until...

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