Oklahoma Quarter Horse Racing Ass'n v. Remington Park, Inc.

OPINION

CARL B. JONES, Chief Judge:

¶ 1 Plaintif&'Appellant, Oklahoma Quarter Horse Racing Association, appeals an order granting Defendant, Remington Park’s motion to dismiss Plaintiffs petition for failure to state a claim upon which relief can be granted. In assessing the sufficiency of the petition, the oft-stated rule is that a petition should not be dismissed for failure to state a cause of action unless it appears beyond doubt that plaintiff can prove no set of facts in support of the claim which would entitle it to relief. Niemeyer v. USF & G, 1990 OK 32, 789 P.2d 1318, 1321.

¶2 It was…