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CHARLES WISE v. COMMONWEALTH PENNSYLVANIA (08/29/86)

decided: August 29, 1986.

CHARLES WISE, ROBERT CARNIVAL AND MARILYN JEFF, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA STATE HORSE RACING COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania State Horse Racing Commission in the case of In Re: Charles Wise, No. 84-042.

COUNSEL

Ronald A. Kovler, Ronald A. Kovler, P.C., for petitioners.

John B. Hannum, Jr., with him, John Wm. Schreck, for respondent.

Judges MacPhail and Doyle, and Senior Judge Rogers, sitting as a panel of three. Opinion by Senior Judge Rogers. Judge Colins did not participate in the decision of this case.

Author: Rogers

[ 100 Pa. Commw. Page 206]

A petition, nominally in behalf of Charles Wise, Robert Carnival and Marilyn Jeff (or Leff), has been filed for review of an order of the State Horse Racing Commission. Mr. Wise was the trainer of the horse Chief Steward which won the eighth race at Keystone Race Track on June 2, 1984. Robert Carnival and Marilyn Jeff were the owners of Chief Steward. Wise's trainer's license was suspended by the Commission's order which is the subject of this appeal. That order merely recites that Carnival and Jeff were the owners of the horse; it imposes no penalty or sanction whatsoever upon either of them. Nevertheless, in addition to trainer Wise, owners Carnival and Jeff are named as petitioners in the petition for review. For this reason, the names of Carnival and Jeff appear in the caption of this appeal although neither the petition for review nor the briefs state any objection by them to the order which is the

[ 100 Pa. Commw. Page 207]

    subject of this opinion. In any event, the order appealed suspended Wise's trainer's license for sixty days on the basis of a positive finding of the drug Phenylpropanolamine in Chief Steward after his winning race.

After its hearing, the Commission made the following pertinent findings of fact:

1. The appellant is Charles Wise, an adult individual licensed by the Pennsylvania State Horse Racing Commission as a trainer.

2. Charles Wise trained the horse Chief Stewar[d] on June 2, 1984.

3. Chief Stewar[d] placed first in the eighth race on June 2, 1984.

4. The horse Chief Stewar[d] was owned by Robert Carnival ...


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