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SCOTT v. SCHMIDT

No. 84-1995.

773 F.2d 160 (1985)

Bernard T. SCOTT, Plaintiff-Appellant, v. Charles H. SCHMIDT, Jr., Individually and as Chairman of the Illinois Racing Board; Ray H. Garrison, Thomas J. Garvey, Farrel J. Griffin, Joseph Kellman, Cecil J. Troy, and Robert G. Ward, all individually and as members of the Illinois Racing Board, State of Illinois; David E. Hooper, Individually and as Executive Secretary of the Illinois Racing Board; Jewel N. Klein, individually and as counsel for the Illinois Racing Board; Richard Garrett, individually and as State Steward for the Illinois Racing Board; and Douglas Sapper, individually and as Assistant State Steward for the Illinois Racing Board, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 17, 1985.

Attorney(s) appearing for the Case

John H. Bisbee, Macomb, Ill., for plaintiff-appellant.

Kathryn A. Spaulding, Asst. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before BAUER and WOOD, Circuit Judges, and DOYLE, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

On January 8, 1980 an attempt was made to fix the tenth harness race at Fairmount Park, Illinois. Appellant Scott, driving Flying Scooter, finished sixth. On April 9, 1980, a Madison County, Illinois grand jury indicted Scott for accepting a bribe to finish fourth or worse in the race, a Trifecta race,1 and for failure to report a bribe. Although Scott was eventually acquitted of the criminal charges...

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