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BUSH v. PA. HORSE RACING COMM.

No. 2041 C.D. 1981.

77 Pa.Commw. 444 (1983)

William B. Bush, M.D., Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Horse Racing Commission, Respondent.

Commonwealth Court of Pennsylvania.

October 11, 1983.

Attorney(s) appearing for the Case

C. Lee Anderson, for petitioner.

John B. Hannum, Jr., with him Gerald T. Osburn, for respondent.

Argued May 9, 1983, before Judges CRAIG, MacPHAIL and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARBIERI, October 11, 1983:

This is an appeal from an order of the Pennsylvania Horse Racing Commission (Commission) modifying a penalty that had been imposed by the Board of Stewards (Board) of the Penn National Race Track against Loren G. Cox, the owner of a horse named "Cool Miss," for an infraction of 58 Pa. Code § 163.304 (2).1 We will reverse and remand.

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