TULIO ET AL. v. ST. HORSE RACING COMM. ET AL.

No. 410 C.D. 1983.

79 Pa.Commw. 305 (1984)

Vincent Tulio and T-T Stable, Owner of "Two Lines", Petitioners v. Commonwealth of Pennsylvania, State Horse Racing Commission et al., Respondents.

Commonwealth Court of Pennsylvania.

January 3, 1984.


Attorney(s) appearing for the Case

John L. Heaton, with him Thomas J. Bender, Jr., Dilworth, Paxson, Kalish & Kauffman, for petitioners.

Michael L. Harvey, Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, Chief of Special Litigation, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued September 14, 1983, before Judges WILLIAMS, JR., DOYLE and BARBIERI, sitting as a panel of three.


OPINION BY JUDGE BARBIERI, January 3, 1984:

Presently before this Court are preliminary objections raised by the respondents in this action to that part of a petition for review filed by the petitioner addressed to this Court's original jurisdiction wherein the petitioner seeks injunctive relief and money damages under Section 1 of the Civil Rights Act of 1871, 42 U.S.C. §1983.

On December 23, 1981, the state veterinarian at the Keystone Race track placed...

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