CHURCHILL DOWNS INC. v. TROUT

No. 13-50900.

767 F.3d 521 (2014)

CHURCHILL DOWNS INCORPORATED; Churchill Downs Technology Initiatives Company, doing business as TwinSpires.Com, Plaintiffs-Appellants v. Chuck TROUT, In His Official Capacity as Executive Director of the Texas Racing Commission; Gary P. Aber, In His Official Capacity as a Member of the Texas Racing Commission; Susan Combs, in Her Official Capacity as a Member of the Texas Racing Commission; Ronald F. Ederer, In His Official Capacity as a Member of the Texas Racing Commission; Gloria Hicks, In Her Official Capacity as a Member of the Texas Racing Commission; Michael F. Martin, In His Official Capacity as a Member of the Texas Racing Commission; Allan Polunsky, In His Official Capacity as a Member of the Texas Racing Commission; Robert Schmidt, In His Official Capacity as a Member of the Texas Racing Commission; John T. Steen, III, In His Official Capacity as a Member of the Texas Racing Commission; Vicki Smith Weinberg, In Her Official Capacity as a Member of the Texas Racing Commission, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 25, 2014.


Attorney(s) appearing for the Case

James C. Ho, Esq. , Prerak Shah , Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, for Plaintiffs-Appellants.

Adam Warren Aston , Lesli Gwen Ginn, Esq. , Assistant Attorney General, Office of the Attorney General, Austin, TX, for Defendants-Appellees.

Before SMITH, DeMOSS, and HIGGINSON, Circuit Judges.


PER CURIAM:*

Churchill Downs Incorporated and Churchill Downs Technology Initiatives Company, doing business as TwinSpires.Com, ("Plaintiffs") sued the executive director and the board members of the Texas Racing Commission ("the Commission") alleging that certain provisions of the Texas Racing Act that require bets on horse races to be placed in-person1 violate the dormant Commerce Clause of the United States...

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