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RUSSO v. STATE HORSE RACING COMM. ET AL.

No. 2069 C.D. 1980.

61 Pa.Commw. 576 (1981)

Anthony J. Russo, Jr., Petitioner v. Commonwealth of Pennsylvania, State Horse Racing Commission and Penn National Racing Association, Respondents.

Commonwealth Court of Pennsylvania.

September 11, 1981.

Attorney(s) appearing for the Case

Richard J. Makoul, for petitioner.

Bart J. DeLuca, Jr., Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, and Harvey Bartle, III, Attorney General, for respondent, State Horse Racing Commission.

Norman I. White, with him Terry R. Bossert, McNees, Wallace & Nurick, for respondent, Penn National Racing Association.

Argued June 5, 1981, before Judges MENCER, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, September 11, 1981:

Anthony J. Russo, Jr. (Russo) appeals here from an order of the Pennsylvania State Horse Racing Commission (Commission), dated August 11, 1980, that affirmed his ejectment from the Penn National Race Track (Race Track) by the Penn National Racing Association (Penn National). We affirm.

The instant case had its genesis in events that transpired on the evening of February 1, 1980, when Russo, a licensed jockey in...

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