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VANHORN v. OELSCHLAGER

No. 05-3000.

457 F.3d 844 (2006)

Stacy Lane VANHORN, Appellee, v. Dennis OELSCHLAGER, Individually and in his Capacity as Executive Secretary of the Nebraska State Racing Commission; Dennis P. Lee, Individually and in his Capacity as Chairman of the Nebraska State Racing Commission; Janell Beveridge, Individually and in her Capacity as Commissioner of the Nebraska State Racing Commission; Bob Volk, Individually and in his Capacity as Commissioner of the Nebraska State Racing Commission, Appellants, Douglas L. Brunk, Appellee, v. Dennis Oelschlager, Individually and in his Capacity as Executive Secretary of the Nebraska State Racing Commission; Dennis P. Lee, Individually and in his Capacity as Chairman of the Nebraska State Racing Commission; Janell Beveridge, Individually and in her Capacity as Commissioner of the Nebraska State Racing Commission; Bob Volk, Individually and in his Capacity as Commissioner of the Nebraska State Racing Commission, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 10, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Jennifer M. Tomka, Assistant Attorney General, Lincoln, NE.

Counsel who presented argument on behalf of the appellee was Terri M. Weeks of Lincoln, NE.

Before ARNOLD and SMITH, Circuit Judges, and MAGNUSON, District Judge.

SMITH, Circuit Judge.

Dr. Stacy Lane VanHorn and his employer, Dr. Douglas L. Brunk ("Doctors"), are licensed veterinarians in the state of Nebraska. VanHorn and Brunk brought suit against Dennis Oelschlager, the Executive Secretary for the Nebraska State Racing Commission ("Commission"), and its three appointed Commissioners, Chairman Dennis P. Lee, Janell Beveridge, and Bob Volk ("Commissioners"), alleging they were denied due process and equal protection when they...

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