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HEFLIN v. KENTUCKY STATE RACING COM'N

No. 82-5062.

701 F.2d 599 (1983)

Douglas R. HEFLIN and Lee Covington, Plaintiffs-Appellants, v. KENTUCKY STATE RACING COMMISSION; William Sturgill, Chairman; Robert C. Stilz, Vice Chairman; Anita Madden, Dale Sights, Edward McGrath, William DeHart, R.C. Durr, Robert Louis Green, Arthur B. Hancock, III and Churchill Downs, Inc.; Howard Battle, Keene Dangerfield, John G. Goode, and John Middleton, III, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 11, 1983.

Attorney(s) appearing for the Case

Thomas L. Hogan, Louisville, Ky., for plaintiffs-appellants.

M. Stephen Pitt, Wyatt, Tarrant & Combs, Louisville, Ky., Steven L. Beshear, Atty. Gen. of Ky., Christopher W. Johnson, Asst. Atty. Gen., Frankfort, Ky., for defendants-appellees.

Before ENGEL and KRUPANSKY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

PER CURIAM.

Plaintiff Douglas R. Heflin, owner and trainer of thoroughbred racing horses, and plaintiff Lee Covington, a trainer of racing horses, appeal from a judgment of the district court granting the defendants' motion to dismiss for failure to state a claim under 42 U.S.C. § 1983. Plaintiffs applied for stall space in which to quarter their horses during the 1981 fall meet at Churchill Downs, and they allege that rejection of their application was arbitrary...

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