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VANHORN v. OELSCHLAGER

No. 06-3761.

502 F.3d 775 (2007)

Stacy Lane VANHORN, Plaintiff-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, Defendants-Appellants, Douglas L. Brunk, Plaintiff-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; Bob Volk, Individually and in his capacity as Commissioner of the Nebraska State Racing Commission, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 26, 2007.

Attorney(s) appearing for the Case

Jennifer M. Tomka, Assistant Attorney General, argued, Kevin K. Stephenson, Assistant Attorney General, on the brief, Lincoln, NE, for appellant.

Terri Marie Weeks, argued, Lincoln, NE, O. William VonSeggern, on the brief, Grand Island, NE, for appellee.

Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

SMITH, Circuit Judge.

Dennis Oelschlager, the Executive Secretary for the Nebraska State Racing Commission ("the Commission"), and its three appointed Commissioners, Chairman Dennis P. Lee, Janell Beveridge, and Bob Volk ("the Commissioners") seek an interlocutory appeal. Oelschlager and the Commissioners request reversal of the district court's1 denial of their motion to reconsider its order directing that lawsuits filed by Dr. Stacy...

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