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IN RE NATIONAL CATTLE CONGRESS, INC.

No. 95-3774.

91 F.3d 1113 (1996)

In re NATIONAL CATTLE CONGRESS, INC., Debtor. NATIONAL CATTLE CONGRESS, INC., Plaintiff-Appellee, v. IOWA RACING & GAMING COMMISSION, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 2, 1996.

Attorney(s) appearing for the Case

Jeffrey Farrell, Des Moines, IA, argued for appellant.

John Titler, Cedar Rapids, IA, argued (Elizabeth D. Jacobi, on the brief), for appellee.

Before MAGILL, Circuit Judge, HENLEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

PER CURIAM.

In 1986, the National Cattle Congress, Inc. ("NCC"), a nonprofit corporation, began operating a pari-mutuel dog track in Iowa, the Waterloo Greyhound Park, under license from the Iowa Racing and Gaming Commission (the "Commission"). The track began to suffer losses in 1992, and NCC filed for Chapter 11 bankruptcy protection on December 16, 1993. In November 1994, the Commission passed a resolution to revoke NCC's

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