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HORSEMAN'S BENEVOLENT & PROTECTIVE ASS'N v. DeWINE

No. 10-3511.

666 F.3d 997 (2012)

HORSEMAN'S BENEVOLENT & PROTECTIVE ASSOCIATION-OHIO DIVISION, INC., Plaintiff-Appellee, v. Mike DeWINE, Defendant, Ted Brown; Thomas M. Zaino; Jerry Chabler; Gerald O. Holland, Members of the Ohio State Racing Commission; William Koester, Chairman of the Ohio State Racing Commission, Defendants-Appellants, Heartland Jockey Club, Ltd., dba Beulah Park Racetrack; River Downs Turf Club, Inc. and River Downs Jockey Club, Inc., dba River Downs Racetrack; Chester Downs and Marina, LLC, dba Harrah's Chester Casino & Racetrack, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

January 24, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Jason Patrick Small , Attorney General of Ohio, Columbus, OH, for Appellants. Douglas L. McSwain , Andrew DeSimone , Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY, Robert G. Cohen , Kegler, Brown, Hill & Ritter Co., L.P.A., Columbus, OH, for Appellees.

Before: SUTTON and WHITE, Circuit Judges; STAFFORD, District Judge.

OPINION

SUTTON, Circuit Judge.

Many residents of this circuit live in close proximity to some of the country's finest racetracks. For those who are not so lucky (and like horse racing), the racing industry has devised the next best thing: off-track betting. Both the Federal Government and the State of Ohio regulate the pastime. The Horseman's Benevolent & Protective Association argues that federal law preempts part of an Ohio statute because the two...

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