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EMPACADORA DE CARNES DE FRESNILLO v. CURRY

No. 05-11499.

476 F.3d 326 (2007)

EMPACADORA DE CARNES DE FRESNILLO, S.A. DE C.V.; Beltex Corporation; Dallas Crown, Inc., Plaintiffs-Appellees, v. Tim CURRY, District Attorney, Tarrant County, Texas, et al., Defendants, Tim Curry, District Attorney, Tarrant County, Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 19, 2007.

Attorney(s) appearing for the Case

R. David Broiles, Karin Knowles Cagle (argued), Cagle Broiles, Fort Worth, TX, for Plaintiffs-Appellees.

Ann Lusas Diamond (argued), Asst. Dist. Atty., Fort Worth, TX, for Curry.

Mary Ellen Roy, Phelps Dunbar, New Orleans, LA, for Amicus Curiae.

Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.

BENAVIDES, Circuit Judge:

The lone cowboy riding his horse on a Texas trail is a cinematic icon. Not once in memory did the cowboy eat his horse,1 but film is an imperfect mirror for reality.

Texas is home to two of the three slaughterhouses in the United States that process horsemeat for human consumption, with the third operating in Illinois. After several decades of operations, the Texas Attorney General informed them that Texas...

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