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OHIO THOROUGHBRED RACING ASSN. v. OHIO STATE RACING COMM.

No. 6453.

114 Ohio App. 80 (1961)

OHIO THOROUGHBRED RACING ASSN. ET AL., APPELLEES, v. OHIO STATE RACING COMMISSION, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided March 7, 1961.

Attorney(s) appearing for the Case

Mr. John J. Chester, Messrs. Dunkle & Edwards, Messrs. Gottfried, Ginsbery, Guren & Merritt, Mr. Howard R. Hirsch and Messrs. Marshman, Hollington & Steadman, for appellees.

Mr. Mark McElroy, attorney general, Mr. John A. Hoskins and Mr. Gerald J. Celebrezze, for appellant.

Per Curiam.

The Ohio State Racing Commission, appellant herein, has appealed to this court from a judgment of the Court of Common Pleas of Franklin County, Ohio, holding that Rule 311 of the Rules and Regulations of the Ohio State Racing Commission is "unlawful and unreasonable" so far as it makes a race track operator liable to revocation of his permit where any horse entered in a race at his track is doped or drugged.

The rules formerly made the trainers...

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