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McILMURRAY v. RACING COMM'R

Docket Nos. 64215, 64814.

130 Mich. App. 271 (1983)

343 N.W.2d 524

McILMURRAY v. MICHIGAN RACING COMMISSIONER McMULLEN v. MICHIGAN RACING COMMISSIONER

Michigan Court of Appeals.

Decided November 7, 1983.

Attorney(s) appearing for the Case

Charles A. Palmer, for Waldo McIlmurray and Steven McMullen.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Charles D. Hackney and Theodore S. Klimaszewski, Assistants Attorney General, for defendant.

Before: R.B. BURNS, P.J., and BRONSON and R.E. ROBINSON, JJ.

R.B. BURNS, P.J.

A single issue is presented by these two cases consolidated for purposes of appeal only. The cases arise out of different, though similar, factual circumstances.

McIlmurray is the trainer of two harness race horses, "Leader's Demon" and "Happy Sharon". These horses ran and placed in separate pari-mutuel races at Wolverine Harness Raceway on April 8, 1981, and April 11, 1981. Post-race urinalysis of each horse revealed the presence of methenamine...

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