BOWMAN, Presiding Judge.
Appellant, Heartland Jockey Club, Ltd., operator of the Beulah Park race track facility, sought permission from appellee, the Ohio State Racing Commission ("commission"), to simulcast the 1998 Kentucky Derby as part of its live racing program at Beulah Park. The commission decided that appellant could simulcast the Kentucky Derby, but conditioned the approval upon the track making its entire racing program, live racing and those races televised...
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