SMITH v. KENTUCKY STATE RACING COM'N


697 S.W.2d 153 (1985)

Kenneth W. SMITH, Appellant, v. KENTUCKY STATE RACING COMMISSION and Kentucky Harness Racing Commission, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied and Opinion Ordered Published by Supreme Court October 22, 1985.


Attorney(s) appearing for the Case

John M. Berry, Jr., Berry & Floyd, New Castle, for appellant.

David L. Armstrong, Atty. Gen., George Geoghegan, III, Asst. Deputy Atty. Gen., Sarah M. Jackson, Asst. Atty. Gen., Frankfort, for appellees.

Before COOPER, HOWERTON and LESTER, JJ.


LESTER, Judge.

This is an appeal from a summary judgment denying a mandatory injunction which would have required appellees to pay for certain laboratory and testing services out of private rather than public funds expended in connection with the horse racing industry.

To employ a modern-day colloquialism, the "bottom line" of this appeal is who is going to pay for the detection and prevention of the use of drugs...

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