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SMITH v. BOARD OF HORSE RACING

No. 97-699.

956 P.2d 752 (1998)

1998 MT 91

Randy SMITH, Petitioner and Appellant, v. BOARD OF HORSE RACING, Respondent and Respondent.

Supreme Court of Montana.

Decided April 30, 1998.

Attorney(s) appearing for the Case

Peter Michael Meloy; Meloy & Morrison, Helena, for Appellant.

Carol Grell, Special Assistant Attorney General, Department of Commerce, Board of Horse Racing, Helena, for Respondent.

LEAPHART, Justice.

¶ 1 Randy Smith (Randy) appeals from the decision of the First Judicial District Court, Lewis and Clark County, affirming the decision of the Board of Horse Racing (Board). Randy asserts that Rule 8.22.302, ARM, which requires that the Board defer to a steward's decision disqualifying a racehorse, deprives him of due process. The District Court held that Randy failed to make an affirmative showing that he was denied due process and affirmed...

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