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EAGLE DOWNS RAC. A., INC. v. ST. HARNESS R. A.

No. 854 C.D. 1982.

73 Pa.Commw. 155 (1983)

Eagle Downs Racing Association, Inc. et al., Petitioners v. Commonwealth of Pennsylvania, State Harness Racing Commission et al., Respondents.

Commonwealth Court of Pennsylvania.

March 28, 1983.

Attorney(s) appearing for the Case

Samuel E. Dennis, with him Diana S. Hare and Aaron Jay Beyer, Meltzer & Schiffrin, Harry L. Rossi, Liederbach, Rossi, Hahn, Casey & Foy, and Larrick E. Stapleton, for petitioners.

Barbara S. Drake, Deputy General Counsel, with her Richard DiSalle, Rose, Schmidt, Dixon & Hasley, and Francis J. Wormuth, Kennedy, Hodin & Wormuth, for repondents.

Argued January 31, 1983, before Judges BLATT, MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE BIATT, March 28, 1983:

Before us is the motion for summary judgment1 filed by the petitioners who are thoroughbred horse and race track owners, operators, associations, trainers and breeders. The petitioners ask us: 1) to enjoin the respondent State Harness Racing Commission (Harness Commission) from granting its fellow respondents,2 who are harness racing associations or operators, permission...

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