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

No. 2665 C.D. 1978.

60 Pa.Commw. 541 (1981)

James Gilligan et al., Petitioners v. Commonwealth of Pennsylvania, Pennsylvania Horse Racing Commission et al., Respondents. The Jockeys' Guild, Inc., Intervenor.

Commonwealth Court of Pennsylvania.

July 15, 1981.

Attorney(s) appearing for the Case

Richard P. Brown, Jr., with him Joe C. Ashworth, Morgan, Lewis & Bockius, and Bruce E. Cooper and David S. Kohn, for petitioners.

Bartholomew J. DeLuca, Jr., Deputy Attorney General, with him David H. Allshouse, Deputy Attorney General, Allen C. Warshaw, Chief, Civil Litigation, and LeRoy S. Zimmerman, Attorney General, for respondents.

Thomas B. Schmidt, III, with him Fred Speaker, Pepper, Hamilton & Scheetz, for intervenor.

Argued June 2, 1981, before President Judge CRUMLISH and Judges MENCER, BLATT, WILLIAMS, JR. and CRAIG. Judges ROGERS, MacPHAIL and PALLADINO did not participate.

OPINION BY PRESIDENT JUDGE CRUMLISH, July 15, 1981:

In Gilligan v. Pennsylvania Horse Racing Commission, 492 Pa. 92, 422 A.2d 487 (1980), the Supreme Court reversed our decision in Gilligan v. Pennsylvania Horse Racing Commission, 46 Pa.Commw. 595, 407 A.2d 466 (1979), and ruled that the Commission did have the legislatively-prescribed authority...

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