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DePAUL v. COM.

No. 194 EM 2007

969 A.2d 536 (2009)

Peter DePAUL, Petitioner v. COMMONWEALTH of Pennsylvania and the Pennsylvania Gaming Control Board, Respondents.

Supreme Court of Pennsylvania.

Decided April 30, 2009.

Attorney(s) appearing for the Case

David James Porter, John Robert Leathers, Thomas L. Van Kirk, Thomas Patrick Manning, Howard D. Scher and Landon Young Jones, III Buchanan Ingersoll & Rooney, P.C., Pittsburgh, for Peter DePaul.

Calvin Royer Koons, Thomas W. Corbett, Jr., Office of Attorney general, for Com.

Francis T. Donaghue, Gaming Control Board, Calvin Royer Koons, Office of Attorney General, for Pennsylvania Gaming Control Board.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, JJ.

OPINION

Chief Justice CASTILLE.

Petitioner, Peter DePaul, has filed a verified petition in the nature of a complaint seeking declaratory judgment and injunctive relief, challenging the constitutionality of Section 1513 of the Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S. § 1513 ("Gaming Act").1 Section 1513 imposes upon a class of individuals affiliated with...

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