PA. DIV. HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC. v. MOUNTAINVIEW THOROUGHBRED RACING ASSOCIATION, INC.


855 A.2d 957 (2004)

PENNSYLVANIA DIVISION, HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC., Plaintiff v. MOUNTAINVIEW THOROUGHBRED RACING ASSOCIATION, INC. and Pennsylvania National Turf Club, Inc. a/k/a Penn National Race Track, Defendants v. State Horse Racing Commission and Pennsylvania Horse Breeders Association, Additional Defendants.

Commonwealth Court of Pennsylvania.

Decided August 11, 2004.


Attorney(s) appearing for the Case

No appearance entered on behalf of plaintiff.

Raymond A. Quaglia, Philadelphia, for defendant, Mountainview Thoroughbred Racing Assoc., Inc.

Richard D. Sherman, Harrisburg, for defendant, State Horse Racing Commission.

BEFORE: SMITH-RIBNER, Judge, PELLEGRINI, Judge, JIULIANTE, Senior Judge.


OPINION BY Judge SMITH-RIBNER.

The State Horse Racing Commission (Horse Racing Commission) and the Pennsylvania Horse Breeders Association (Horse Breeders Association) have raised preliminary objections to the third-party complaint filed against them by Mountainview Thoroughbred Racing Association (Mountainview) and the Pennsylvania National Turf Club, Inc. (Turf Club), which together operate the Penn National Race Course. The Pennsylvania Division, Horsemen's Benevolent...

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