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SANTO CALANTONI AND VICTORIA CALANTONI v. COMMONWEALTH PENNSYLVANIA (09/13/78)

decided: September 13, 1978.

SANTO CALANTONI AND VICTORIA CALANTONI, HIS WIFE, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, STATE HORSE RACING COMMISSION ET AL., RESPONDENTS



Original jurisdiction in case of Santo Calantoni and Victoria Calantoni, his wife v. Commonwealth of Pennsylvania, State Horse Racing Commission, Andrew R. Johnson, A. Marlyn Moyer, Jr. and William D. Gross.

COUNSEL

Carl K. Zucker, with him Cohen, Shapiro, Polisher, Shiekman and Cohen, for petitioners.

Larrick B. Stapleton, Counsel, for respondent.

Judges Crumlish, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 37 Pa. Commw. Page 521]

This matter comes before us on a petition for writ of prohibition by Santo and Victoria Calantoni wherein they sought to prevent the State Horse Racing Commission from proceeding further with its investigation of and hearings on the matter of their purchase of the thoroughbred race horse, "Key Lime."

[ 37 Pa. Commw. Page 522]

Pursuant to Pa. R.A.P. 1502 and 1503, we have treated the petition as a petition for review addressed to our original jurisdiction. We dismiss the petition.

The facts, as alleged in the petition and as substantiated by the record, are as follows: Gaylord Cumberledge and Gary Reihart, horse owners licensed by the State Horse Racing Commission and the owners of Key Lime entered him in a $10,000 claiming race at Penn National Race Track on April 17, 1977. Ann M. Brede, also a Commission licensed owner, who was registered for racing at that racing meeting, entered a claim for Key Lime and acquired ownership of the horse by paying the claiming price. On April 24 and May 8, Mrs. Brede entered Key Lime in allowance races at Penn National, wherein the horse finished first and third, respectively. On May 19, 1977, 32 days*fn1 after she claimed and purchased Key Lime, Mrs. Brede sold the horse to the Calantonis for the stated consideration of one dollar.

Cumberledge and Reihart filed a complaint with the Commission in which they alleged that the Calantonis were not registered in good faith for racing at the April 17, 1977 racing meeting at Penn National and that hence, under Section 12.01 of the Commission's Rules of Racing, were not eligible to enter a claim for a horse at that race. They alleged that Mrs. Brede had conspired with the Calantonis to claim Key Lime for the Calantonis' benefit and had paid the claiming price with money advanced her by them with the intent of fraudulently circumventing the Rule. They requested that the Commission void Ann Brede's claim to Key Lime, declare that title to the animal

[ 37 Pa. Commw. Page 523]

    remained with them, order its return to them together with all purses it had won since April 17, 1977, and suspend the racing license of the Calantonis and Ann Brede.

The Commission commenced an investigation and issued subpoenas duces tecum to the Calantonis, Ann Brede and her husband, ordering them to produce documents relating to their general finances and ...


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