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JAMES v. CHURCHILL DOWNS, INC.

620 S.W.2d 323 (1981)

Luther A. JAMES, Charles D. Moore, and Jacob R. Meyers, Appellants, v. CHURCHILL DOWNS, INC. and Thoroughbred Racing Protective Bureau, Appellees.

Court of Appeals of Kentucky.

August 14, 1981.

Attorney(s) appearing for the Case

John Tim McCall, Martha A. Lawfer, Louisville, for appellants.

John E. Tarrant, William E. Scent, Tandy C. Patrick, Sheryl Snyder, Elizabeth R. Short, Louisville, for appellees.

Before GANT, GUDGEL, and VANCE, JJ.

GUDGEL, Judge.

This is an appeal from a summary judgment granted by the Jefferson Circuit Court. The court adjudged that appellee, Churchill Downs, Inc., possessed, and validly exercised a common law right to exclude appellants from its racetrack on the basis that they are undesirable patrons. Appellants' principal contention is that the legislature abrogated appellee's common law right of exclusion when it vested the Kentucky State Racing Commission with the same...

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