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EAST BALTIMORE ASSOCIATION TO APPEAL. Baltimore, Md.. May 25.— The East Baltimore Driving Association, which is building the proposed mile track at Rengies. Maryland, has taken an appeal from Judge Duncans decision to the higher court. William L. Marbury and Osborne I. Yellott are the attorneys for the association. Mr. Yellott said that if they do not get a favorable decision at the Court of Appeals, they intend to take the case to the Federal Court of the United States. The East Baltimore Driving Association has already spent about 0,000 on the proposed new-track. Some of the lumber has been cut at the mills, and the men are now, and have been, working on the track to get it in condition the last four months. The association is in to stick and to fight to the last ditch. Racing is conducted under a state law and Baltimore County is allotted seventy days, of which twenty-six are allotted to Pimlico and fifteen days to the three half-milers, which leaves twenty-nine days open. The Bengies people feel that they have not been treated right in the matter and they intend to sec this thing through to the finish.