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CART v. LOUISIANA STATE RACING COM'N

No. 90-CA-1696.

591 So.2d 409 (1991)

Jerry D. CART v. LOUISIANA STATE RACING COMMISSION.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied February 7, 1992.

Attorney(s) appearing for the Case

Warren M. Schultz, Jr., Scott D. Wilson, Richard Schroeder, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, and Joel B. Turner, Brown, Todd & Heyburn, Louisville, Ky., for plaintiff/appellee.

William J. Guste, Jr., Atty. Gen., Robert A. Barnett, Asst. Atty. Gen., New Orleans, and John E. Jackson, Jr., Asst. Atty. Gen., New Orleans, for defendant/appellant.

Before ARMSTRONG and PLOTKIN, JJ., and GULOTTA, J. Pro Tem.

ARMSTRONG, Judge.

Defendant, the Louisiana State Racing Commission (the "Commission"), appeals from a trial court judgment overruling the penalty imposed upon plaintiff, Jerry D. Cart, by the Commission. We now affirm.

Jerry Cart was the owner/trainer of the horse Big Earl, which he ran in the September 24, 1989 Super Derby at Louisiana Downs. Big Earl finished second, winning a purse of $200,000.00. After the race, a blood sample was drawn from Big Earl by...

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