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B.T. ENERGY CORP. v. MARCUS

No. 84-826.

382 N.W.2d 616 (1986)

222 Neb. 207

B.T. ENERGY CORP., Wanaja Farm, and Jack VanBerg, Appellants and Cross-Appellees, v. Betty G. MARCUS, Appellee and Cross-Appellant, The Knights of Ak-Sar-Ben, and the Nebraska State Racing Commission, Appellees.

Supreme Court of Nebraska.

March 7, 1986.

Attorney(s) appearing for the Case

James P. Fitzgerald and William F. Hargens, of McGrath, North, O'Malley & Kratz, P.C., Omaha, and Brown, Todd & Heyburn, Louisville, Ky., for appellants.

Edmund D. McEachen and John P. Heil, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for appellee Marcus.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, SHANAHAN, and GRANT, JJ.

GRANT, Justice.

This case arises out of a dispute as to whether the filly Brindy Brindy (owned by appellants B.T. Energy Corp. and Wanaja Farm, and trained by appellant Jack VanBerg) or the filly Halo Dotty (owned by appellee Betty G. Marcus) won the ninth race at Ak-Sar-Ben racetrack in Omaha, Nebraska, on July 23, 1983. The winner of that race was entitled to the first-place purse of $59,895, and the other horse was entitled to the second-place purse of $21,780...

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