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SMITH v. ST. HORSE RACING COMM.

No. 789 C.D. 1980.

72 Pa.Commw. 421 (1983)

Donald D. Smith, Petitioner v. Commonwealth of Pennsylvania, State Horse Racing Commission, Respondent.

Commonwealth Court of Pennsylvania.

March 3, 1983.

Attorney(s) appearing for the Case

Bruce E. Cooper, for petitioner.

Bart J. DeLuca, Jr., Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, Harvey Bartle, III, Attorney General, for respondent.

Argued November 15, 1982, before President Judge CRUMLISH, JR. and Judges MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., March 3, 1983:

The Pennsylvania State Horse Racing Commission (Commission), by order, suspended Donald Smith for thirty days.1 He appeals. We affirm.

The basic facts are not in dispute. Smith's mount, Stoic Link, while being put in the starting gate began rearing and acting up. An assistant starter put Stoic Link's head into the gate, but Smith and the starter signalled that they were not...

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