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MOOSMAN v. IDAHO HORSE RACING COM'N

Nos. 17771, 17772.

793 P.2d 181 (1990)

117 Idaho 949

Ron MOOSMAN and Virgil Allred, Petitioners-Respondents, Cross-Appellants, v. IDAHO HORSE RACING COMMISSION, Respondent-Appellant, Cross-Respondent. R.L. GALLOWAY, C. Kent Seeley, and Cloyd D. Seeley, Petitioners-Respondents, Cross-Appellants, v. IDAHO HORSE RACING COMMISSION, Respondent-Appellant, Cross-Respondent.

Supreme Court of Idaho.

Petition for Rehearing Denied July 10, 1990.

Attorney(s) appearing for the Case

Elam, Burke & Boyd, Boise, for appellant. Bobbi K. Dominick, argued.

Ringert, Clark, Harrington, Reid, Christenson & Kaufman, Boise, for respondents. James G. Reid, argued.

JOHNSON, Justice.

This case involves a decision of the Idaho Horse Racing Commission to impose penalties on the owners and trainers of two race horses. On appeal the district court reversed and set aside the penalties on the ground that the rule upon which the Commission relied was unconstitutionally vague. As to the owners, we decline making a ruling on the constitutional question, because we conclude that under the Commission's rules there was no basis to redistribute...

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