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CONTROL OF LATONIA TRACK MAY CHANGE CHANGECincinnati Cincinnati O April 7 Federal judge A M J Cocuran has handed down his decision in tho famous Harris Rhlnock lawsuit over 825 shares of stock iu the Latonia Jockey Club The case was argued befor Judge Cochran at Frankfort Ky last Sep j tember and the decision is in favor of Harris He was a member of the Applegate syndicate which bought the holdings of George C Perkins in 189 Perkins afterwards sought to recover the stock and Applegate as trustee filed a suit against Perkins in 1902 which was decided in his favor by the Court of Appeals in March 1903 Applegate then assigned the stock to the Cincinnati Amusement Company which in turn sold it to Joseph L Rhinock and associates The present suit hinged upon the question as to whether Applegate exceeded his authority as trustee when he assigned the stock to the amusement company Judge Cochran decides he did and has ordered a referee to make an ac ¬ counting of the income of the Latonia Jockey Club since the institution of the suit suitJudge Judge Cochran went Into every angle of this remarkable case over a race course and In con ¬ clusion said saidI I feel constrained therefore to hold that the interest which the plaintiff has In said stock is sevciininetecnths of fifteenfortieths and that Ap plegate owns the other twelvenineteenths The interests of the intervening petitioners as hereto ¬ fore held is Bolander sixfortieths and Simonton twofortieths It seems that Applegate before or after the bringing of this suit acquired all the other interests therein thereinAs As to the relief which plaintiff and the inter ¬ vening petitioners are entitled to on the basis of their Interests I do not find It essential to judge at present The thing to he done now is to refer the case to a special master to ascertain the amount of said charges
