HUDSON v. TEXAS RACING COM'N

No. 04-51431 Summary Calendar.

455 F.3d 597 (2006)

James C. HUDSON, Plaintiff-Appellant, v. TEXAS RACING COMMISSION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 10, 2006.


Attorney(s) appearing for the Case

E. Eugene Palmer, Austin, TX, for Hudson.

Merle Hoffman Dover, Asst. Atty. Gen., Austin, TX, for Texas Racing Com'n.

Before REAVLEY, JOLLY and OWEN, Circuit Judges.


REAVLEY, Circuit Judge:

This appeal involves an issue of first impression, whether the Texas absolute insurer rule, 16 TEX. ADMIN. CODE § 311.104(b), which provides, inter alia, that "[a] trainer shall ensure that a horse . . . that runs a race while in the care and custody of the trainer . . . is free from all prohibited drugs, chemicals, or other substance," violates the due process clause. We hold that it does not and therefore affirm the judgment of...

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