B. T. Energy Corp. v. Marcus

This case arises out of a dispute as to whether the filly Brindy Brindy (owned by appellants B. T. Energy Corp. and Wanaja Farm, and trained by appellant Jack VanBerg) or the filly Halo Dotty (owned by appellee Betty G. Marcus) won the ninth race at Ak-Sar-Ben racetrack in Omaha, Nebraska, on July 23, 1983. The winner of that race was entitled to the first-place purse of $59,895, and the other horse was entitled to the second-place purse of $21,780.

Brindy Brindy came across the finish line first and Halo Dotty immediately thereafter. Upon the completion of the race a steward’s inquiry was…