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ARIZONA DOWNS v. TURF PARADISE, INC.

No. 1 CA-CIV 6045.

140 Ariz. 438 (1984)

682 P.2d 443

ARIZONA DOWNS, an Arizona corporation, Plaintiff-Appellee Cross-Appellant, v. TURF PARADISE, INC., an Arizona corporation, Defendant-Appellant Cross-Appellee. ARIZONA DOWNS, an Arizona corporation, Plaintiff-Appellant, v. ARIZONA RACING COMMISSION, an agency of the State of Arizona; and Michael J. O'Haco, Chester E. Johns, John K. Goodman, L. Wardell Larson and Ronald A. Lebowitz, as members of and constituting the Arizona Racing Commission; Arizona Horsemen's Foundation, Inc., an Arizona corporation; and State of Arizona, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

March 13, 1984.

Attorney(s) appearing for the Case

Romley & Sherk by Elias M. Romley and Roger T. Hargrove, Phoenix, for Arizona Downs.

Jennings, Strouss & Salmon by Neil Vincent Wake, David L. White and Jefferson L. Lankford, Phoenix, for Turf Paradise.

Robert K. Corbin, Atty. Gen. by Evelyn R. Epstein, Asst. Atty. Gen., Phoenix, for appellee Arizona Racing Com'n.

Snell & Wilmer by George H. Lyons and Robert J. Gibson, Phoenix, for Arizona Horsemen's Foundation.

OPINION

HAIRE, Presiding Judge.

This appeal represents an additional chapter in the continuing litigation involving Arizona Downs, Turf Paradise, Inc., and the Arizona Racing Commission, relating primarily to questions concerning the allocation of racing dates and the interpretation of Arizona statutes granting racing date preferences to prior permittees. Also involved in practically all of the litigation between these parties are questions concerning the...

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