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PNGI CHARLES TOWN GAMING v. RACING COM'N

No. 13-1325.

765 S.E.2d 241 (2014)

PNGI CHARLES TOWN GAMING, LLC, d/b/a Hollywood Casino at Charles Town Races, Plaintiff Below, Petitioner v. WEST VIRGINIA RACING COMMISSION, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided October 30, 2014.

Attorney(s) appearing for the Case

Stuart A. McMillan , Bowles Rice LLP, Charleston, WV, Brian M. Peterson , Bowles Rice LLP, Martinsburg, WV, for the Petitioner.

Patrick Morrisey , Attorney General, Kelli D. Talbott , Senior Deputy Attorney General, David A. Stackpole , Assistant Attorney General, Charleston, WV, for the Respondent.

Petitioner, PNGI Charles Town Gaming, LLC, d/b/a Hollywood Casino at Charles Town Races (hereinafter "PNGI"), appeals a decision of the Circuit Court of Kanawha County that granted summary judgment to the respondent, the West Virginia Racing Commission (hereinafter "the Racing Commission"), and upheld two administrative rules...

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