01/19/2008 1:00AM

Delta Jackpot lawsuit filed

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A lawsuit contesting the order of finish of the Grade 3, $1 million Delta Jackpot was filed against the Louisiana Racing Commission on Tuesday in Lake Charles, La., by the connections of third-place finisher Golden Yank, according to Byron Bonck, an attorney who is representing the horse’s owner and trainer.

Bonck, who along with attorney William Marshall Jr. represents the Millard R. Seldin Revocable Trust, which owns Golden Yank, and the horse’s trainer Gary Thomas, said he had no further comment on the case.

The Delta Jackpot was won in a dead-heat by Z Humor and Turf War on Dec. 7, with Golden Yank a neck back between horses in third. Golden Yank’s rider, Gerard Melancon, claimed foul for bumping in the stretch but it was disallowed by the stewards. The horse’s connections appealed the case to the commission but the stewards’ decision was upheld unanimously. The lawsuit seeks a reversal of that decision and asks that Golden Yank be placed either first or second in the Jackpot, alleging he was impeded by both Z Humor and Turf War.

The win was worth $400,000 to both Z Humor and Turf War and $100,000 to Golden Yank. The lawsuit points out that the Jackpot earnings could be important in gaining a spot in the Kentucky Derby field should that race overfill

Golden Yank, a two-time stakes winner, was freshened after the Jackpot. He is based at Oaklawn Park.