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HOCHSTETLER v. DELAWARE HARNESS RACING

No. 122,2003.

845 A.2d 511 (2004)

Homer J. HOCHSTETLER, Appellant Below, Appellant, v. DELAWARE HARNESS RACING COMMISSION, Appellee Below, Appellee.

Supreme Court of Delaware.

Decided: March 22, 2004.

Attorney(s) appearing for the Case

Jeffrey J. Clark, Esquire, of Schmittinger and Rodriguez, P.A., Dover, for Appellant.

John A. Eberly, Esquire, of the Department of Justice, Dover, for Appellee.

Before VEASEY, Chief Justice, HOLLAND, BERGER, and JACOBS, Justices, and NOBLE, Vice Chancellor, constituting the Court en banc.

BERGER, Justice.

This is an appeal from a Superior Court decision affirming two Delaware Harness Racing Commission (DHRC) orders sanctioning appellant for giving his horse phenylbutazone ("bute"). Appellant contends that the rule he allegedly violated is invalid because it is ambiguous and because there is no basis for a prohibition on giving bute to two-year-old horses. We agree with the Superior Court's reasoning and its...

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