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GARZA v. LOUISIANA STATE RACING COM'N

No. 2007-CA-0250.

961 So.2d 1283 (2007)

Marjorie GARZA v. The LOUISIANA STATE RACING COMMISSION and the Old Evangeline Downs, L.L.C.

Court of Appeal of Louisiana, Fourth Circuit.

June 20, 2007.

Attorney(s) appearing for the Case

Jude C. Bursavich, Scott N. Hensgens, Marc R. Merrill, Christine Lipsey, Peter J. Butler, Lauren M. Smith, Breazeale, Sachse & Wilson, LLP, Baton Rouge, LA, for Plaintiff/Appellant.

Kyle Schonekas, Schonekas, Winsberg, Evans & McGoey, L.L.C., New Orleans, LA, and John W. Kolwe, Perret Doise, APLC, Lafayette, LA, for The Old Evangeline Downs, L.L.C.

Charles C. Foti, Jr., Attorney General, Kim Raines Chatelain, Assistant Attorney General, New Orleans, LA, for Louisiana State Racing Commission.

C. James Gelpi, Clark Richard, David S. McFadden, Gelpi And Associates, APLC, New Orleans, LA, for Louisiana Horseman's Benevolent and Protective Association, 1993, Inc.

(Court composed of Judge CHARLES R. JONES, Judge DENNIS R. BAGNERIS SR., Judge EDWIN A. LOMBARD).

EDWIN A. LOMBARD, Judge.

This appeal is from a trial court judgment granting the appellee's exception of no cause of action and dismissing the appellant's petition. After review of the record in light of the applicable law and arguments of the parties, we affirm the judgment of the trial court.

Relevant Facts and Procedural History

In 2004, the Louisiana State Racing Commission ("the...

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