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KENTUCKY STATE RACING COMMISSION et al. etc. Appellants
vs.
Peter FULLER Appellee
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Case Summary:
Peter Fuller, the owner of Dancer's Image, a thoroughbred horse that one the Kentucky Derby in 1968, brings suit against the Kentucky State Racing Commission. Fuller contests a commission ruling that withdrew the winning purse from Dancer's Image after a drug test confirmed the presence of an illegal drug in the horse's system.
Decision of lower jurisdiction:
The Franklin County Circuit Court ruled that Fuller, the of Dancer's Image, was denied due process. The court concluded there was insufficient evidence to support the commission's position. The purse is awarded to Dancer's Image. The commission now appeals.
Outcome:
Fuller and Dancer's Image lose. The Kentucky Court of Appeals reversed the ruling of the lower jurisdiction. The court ruled there was substantial evidence indicating a drug was in the horse's system at the time of the race.