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CASTILLE v. OLD EVANGELINE DOWNS, L.L.C.

No. 05-1251.

927 So.2d 598 (2006)

Michael A. CASTILLE v. The OLD EVANGELINE DOWNS, L.L.C.

Court of Appeal of Louisiana, Third Circuit.

April 5, 2006.

Attorney(s) appearing for the Case

Allan L. Durand, Lafayette, LA, for Plaintiff/Appellee, Michael Castille.

Henry C. Perret, Jr., John W. Kolwe, Perret Doise, Lafayette, LA, for Defendant/Appellant, The Old Evangeline Downs, L.L.C.

Harry T. Lemmon, New Orleans, LA, for Defendant/Appellant, The Old Evangeline Downs, L.L.C.

David F. Waguespack, Lemle & Kelleher, L.L.P., New Orleans, LA, for Amicus Curiae, Churchill Downs Louisiana Horseracing Company, L.L.C.

C. James Gelpi, David McFadden, Dan Zimmerman, Gelpi & Associates, New Orleans, LA, for Amicus Curiae, Louisiana Horseman's Benevolent and Protective Association 1993, Inc.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and JAMES T. GENOVESE, Judges.

COOKS, Judge.

This case involves a plan by the Old Evangeline Downs, L.L.C. (hereafter Evangeline Downs) to offer both off track betting and video poker at its facility in Henderson, Louisiana (located in St. Martin Parish). The trial court issued an injunction preventing Evangeline Downs from offering video poker at its Henderson facility. For the following reasons, we reverse the trial court's judgment, and dismiss the Plaintiff's petition.

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