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STAINO v. PA. ST. HORSE RACING COMM.

No. 1794 C.D. 1983.

98 Pa.Commw. 461 (1986)

512 A.2d 75

Ralph Staino, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania State Horse Racing Commission, Respondent.

Commonwealth Court of Pennsylvania.

July 1, 1986.

Attorney(s) appearing for the Case

Edward A. Rudley, Rudley, Ziccardi & Fioravanti, for petitioner.

John B. Hannum, Jr., with him, Gerald T. Osburn, for respondent.

Samuel E. Dennis, with him, Stewart L. Cohen; Of Counsel: Meltzer & Schiffrin, for intervenor, Eagle Downs Racing Association.

Submitted on briefs April 10, 1986, to Judges MacPHAIL and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, July 1, 1986:

Ralph Staino appeals here the adjudication of the Pennsylvania State Horse Racing Commission (Commission) dismissing his appeal after being ejected from Keystone Race Track by the Eagle Downs Racing Association.

The Commission, after hearing, found that Mr. Staino was present at Keystone Race Track as a patron on September 29, 1982, when he was served...

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