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HAWKEYE COMMODITY PROMOTIONS, INC. v. VILSACK

No. 06-2406.

486 F.3d 430 (2007)

HAWKEYE COMMODITY PROMOTIONS, INC., Plaintiff-Appellant, v. Thomas J. VILSACK, in his official capacity as Governor of the State of Iowa, Defendant, Thomas J. Miller, in his official capacity as the Attorney General of the State of Iowa; Kevin W. Techau, in his official capacity as the Commissioner of the Iowa Department of Public Safety, Defendants-Appellees, Iowa Lottery Authority; Edward Stanek, Dr., in his official capacity as the Chief Executive Officer of the Iowa Lottery Authority, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: April 24, 2007.

Attorney(s) appearing for the Case

Roger Marzulla, argued, Washington, DC, for appellant.

Julie F. Pottorff, Asst. Atty. Gen., argued, Des Moines, IA, for appellee.

Before BYE, COLLOTON, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

In March 2006, Iowa enacted legislation ending the TouchPlay lottery game. Hawkeye Commodity Promotions, Inc., a licensed TouchPlay retailer, tried to enjoin the law before it took effect. Hawkeye argued that the law violates the Contracts, Takings, Equal Protection, and Due Process clauses of the federal constitution. The district court1 rejects these claims. See Hawkeye Commodity Promotions, Inc. v. Miller,...

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