IWINSKI v. PA. STATE HORSE R. C.

No. 1723 C.D. 1983.

85 Pa.Commw. 176 (1984)

Michael Iwinski, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Horse Racing Commission, Respondent.

Commonwealth Court of Pennsylvania.

September 11, 1984.


Attorney(s) appearing for the Case

William F. Fox, Jr., Fox, Differ, Callahan, Ulrich & O'Hara, for petitioner. Gerald T. Osburn, Assistant Chief Counsel, with him, John B. Hannum, Jr., for respondent.

Samuel E. Dennis, with him, Stewart L. Cohen, Meltzer & Schiffrin, for intervenor, Eagle Downs Racing Association.

Argued June 6, 1984, before Judges WILLIAMS, JR., BARRY and BLATT, sitting as a panel of three.


OPINION BY JUDGE WILLIAMS, JR., September 11, 1984:

Michael Iwinski, an assistant horse trainer, has appealed from an order of the Pennsylvania State Horse Racing Commission (Commission) affirming his exclusion, by Eagle Downs Racing Association (Eagle Downs), from the stable area at Keystone Race Track.

On January 19, 1983, the Commission granted Mr. Iwinski a license to work at race tracks in Pennsylvania. The agency described the license as being "temporary...

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