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MI. HARNESS HORSEMEN'S ASS'N v. RACING COMM'R

Docket No. 60422.

123 Mich. App. 388 (1983)

333 N.W.2d 292

MICHIGAN HARNESS HORSEMEN'S ASSOCIATION v. RACING COMMISSIONER

Michigan Court of Appeals.

Decided February 23, 1983.

Attorney(s) appearing for the Case

Elconin, Czeryba & Dulany (by Richard C. Elconin), for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Charles D. Hackney and Theodore S. Klimaszewski, Assistants Attorney General, for the Michigan Racing Commissioner.

Tolleson, Mead, Welchli & Dahn (by Hudson Mead), Joseph A. Garcia, and Miller, Canfield, Paddock & Stone (by John D. Pirich), for appellants.

Before: BEASLEY, P.J., and M.J. KELLY and W.S. WHITE, JJ.

M.J. KELLY, J.

Plaintiff initiated this action in the Ingham County Circuit Court for declaratory and injunctive relief in regard to the Racing Law of 1980, MCL 431.61-431.88; MSA 18.966(31)-18.966(58). A declaratory judgment was rendered, favoring the position advocated by plaintiff and defendant racing commissioner. The remaining defendants appeal as of right.

Effective December 18, 1980, the Racing Law of 1959 was repealed by the Racing Law of 1980. Under...

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