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EDELBERG v. ILLINOIS RACING BD.

No. 75-1917.

540 F.2d 279 (1976)

Edwin EDELBERG et al., Plaintiffs-Appellants, v. The ILLINOIS RACING BOARD et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 1976.

Attorney(s) appearing for the Case

Charles D. Stein, Michael P. Siavelis, Chicago, Ill., for plaintiffs-appellants.

William J. Scott, Atty. Gen., Ann T. Sheldon, Asst. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before SWYGERT, TONE and BAUER, Circuit Judges.

BAUER, Circuit Judge.

The question presented by this appeal is whether a three judge court should be empaneled pursuant to 28 U.S.C. § 22811 to hear a challenge to the constitutionality of the Illinois Racing Board Rules which provide for the automatic withholding and redistribution of purse money when a winning horse is allegedly drugged before a race. The trial judge refused to convene a three judge court and dismissed the suit...

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