Richard L. Hubel and Horsemen's Benevolent and Protective Association v. The West Virginia Racing Commission

WINTER, Circuit Judge:

■We are asked to hold invalid, as .offending due process of law, a rule of the West Virginia Racing Commission which prohibits a stay of any suspension of an owner’s or trainer’s permit to engage,in horseracing, suspended under a rule which permits the stewards at a racing meeting summarily to suspend ow-ners’ and trainers’ permits with respect to, any-horse found to have been “doped,” pending a hearing and formal determination of «the. person or persons responsible’ therefor. The district court held the hule prohibiting a stay valid and dismissed the suit questioning…