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TOP FLIGHT ENTERTAINMENT, LTD. v. SCHUETTE

No. 12-2384.

729 F.3d 623 (2013)

TOP FLIGHT ENTERTAINMENT, LTD., a Michigan Corporation, dba Flight Club; Flying Aces LLC, a Limited Liability Company, Plaintiffs-Appellants, v. Bill SCHUETTE, individually and in his official capacity as Attorney General of the State of Michigan; M. Scott Bowen, individually and in his official capacity as Commissioner of the Michigan Bureau of the State Lottery, a state agency; John C. Lessnau, Manager, Regulatory Investigations Support Section of the Michigan Gaming Control Board; Pamela Benzing, Detective Lieutenant, Gaming Section, Michigan State Police, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 6, 2013.

Attorney(s) appearing for the Case

ARGUED: Robert A. Sedler , Wayne State University Law School, Detroit, Michigan, for Appellants. Brian O. Neill , Office of the Michigan Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Robert A. Sedler , Wayne State University Law School, Detroit, Michigan, for Appellants. Brian O. Neill , Office of the Michigan Attorney General, Lansing, Michigan, for Appellees.

WHITE, J., delivered the opinion of the court, in which, STRANCH, J., joined, and KEITH, J., joined in part. KEITH, J. (pp. 635-36), delivered a separate opinion concurring in part and dissenting in part.

OPINION

HELENE N. WHITE, Circuit Judge.

Plaintiffs-Appellants Top Flight Entertainment and Flying Aces, LLC (collectively, "Plaintiffs") appeal the dismissal of their complaint against Defendants-Appellees Bill Schuette ("Schuette"), the Michigan Attorney General, and M. Scott Bowen ("Bowen"), the Commissioner of the Michigan Bureau of the State Lottery, in their official and individual capacities (collectively, "Defendants"), alleging violations of their...

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