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BENSALEM RACING v. STATE HARNESS RACING

Nos. 1053 C.D. 2010, 2710 C.D. 2010.

19 A.3d 549 (2011)

BENSALEM RACING ASSOCIATION, INC. and Keystone Turf Club, Inc. (d/b/a Philadelphia Park Racetrack), Petitioners v. PENNSYLVANIA STATE HARNESS RACING COMMISSION, Respondent.

Commonwealth Court of Pennsylvania.

Decided March 21, 2011.

Attorney(s) appearing for the Case

Kevin J. McKeon , Harrisburg, for Petitioner Bensalem Racing Association, Inc.

Ronald J. Shaffer , Philadelphia, for Intervenor Chester Downs and Marina, LLC.

Jorge M. Augusto , Harrisburg, for Respondent.

BEFORE: LEADBETTER, President Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY Judge BROBSON.

These consolidated appeals arise out of a proceeding before Respondent Pennsylvania Harness Racing Commission (Harness Commission) on a petition of Intervenor Chester Downs and Marina, LLC d/b/a Harrah's Chester Casino & Racetrack (Harrah's Chester) for permission to conduct telephone account wagering pursuant to Section 218(b) of the Race Horse Industry Reform Act, Act of December 17, 1981, P...

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