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KULICK v. PA. ST. HARNESS R. COMM.

No. 225 C.D. 1987.

115 Pa.Commw. 408 (1988)

540 A.2d 620

Robert J. Kulick, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Harness Racing Commission and Pocono Downs, Inc., Respondents.

Commonwealth Court of Pennsylvania.

April 22, 1988.

Attorney(s) appearing for the Case

Daniel Radich, with him, Richard G. Phillips, for petitioner.

John B. Hannum, Jr., for respondent, Pennsylvania State Harness Racing Commission.

Jerry B. Chariton, with him, Steven M. Greenwald, Shaffer & Chariton, for respondent, Pocono Downs, Inc.

Argued December 17, 1987, before Judges COLINS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE COLINS, April 22, 1988:

Robert Kulick, licensed owner and trainer of standardbred racing horses (petitioner) appeals an Order of the Pennsylvania State Harness Racing Commission (Commission) affirming his exclusion by Pocono Downs, Inc. from its premises at Pocono Downs Race Track pursuant to Section 215(c) of the Race Horse Industry Reform Act (Act).1

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