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HOLTON v. INDIANA HORSE RACING COM'N

No. 04-2521.

398 F.3d 928 (2005)

John P. HOLTON, Jr., Plaintiff-Appellant, v. INDIANA HORSE RACING COMMISSION and Joe Gorajec, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 2005.

Attorney(s) appearing for the Case

Roger A. Young (argued), Young & Young, Franklin, IN, for Plaintiff-Appellant.

Robin Babbitt (argued), Bingham McHale, Indianapolis, IN, for Defendants-Appellees.

Before EASTERBROOK, RIPPLE, and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

Stewards at Hoosier Park in Indiana concluded that Chilly Peppa had violated race rules and set her back from second to third place. The difference in the purse was $6,250. John Holton, the filly's owner, asked the Indiana Horse Racing Commission to review the stewards' decision. It declined, deeming the action non-reviewable under 71 Ind. Admin. Code 10-2-9(f). Although the Commission's disposition could have been challenged in state court...

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