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  5. 693 S.E.2d 93 (2010)
 

JOHNSON v. BD. OF STEWARDS

No. 35285.

693 S.E.2d 93 (2010)

Fred and Sharon JOHNSON Plaintiffs Below, Appellants, v. BOARD OF STEWARDS OF CHARLES TOWN RACES, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided April 5, 2010.

Attorney(s) appearing for the Case

James P. Campbell, Esq., Campbell Flannery, P.C., Leesburg, VA, for Appellants.

Raymond J. Funkhouser, Charles Town, WV, Pro se amicus curiae.

Darrell V. McGraw, Jr., Attorney General, Benjamin F. Yancey, III, Assistant Attorney General, Charleston, WV, for Appellee.

PER CURIAM:

In this appeal from the Circuit Court of Jefferson County, we are asked to consider the constitutionality of a West Virginia Racing Commission rule that prohibits the racing of a horse that is carrying in its body "any drug substance." The appellants assert that this "zero tolerance" rule is arbitrary, capricious, and not rationally related to the regulation of horse racing. The circuit court rejected the appellants' assertion and found the rule to be...

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