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NIGEN BIOTECH, L.L.C. v. PAXTON

No. 14-10923.

804 F.3d 389 (2015)

NIGEN BIOTECH, L.L.C., a Utah limited liability company, Plaintiff-Appellant v. Ken PAXTON, in his official capacity as the Attorney General for the State of Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 30, 2015.

Attorney(s) appearing for the Case

David R. Parkinson, Esq. (argued), Jason M. Kerr , Ronald F. Price , John P. Snow , Christopher Sullivan, Esq. , Price, Parkinson & Kerr, P.L.L.C., Salt Lake City, UT, Stephen P. Allison , Haynes & Boone, L.L.P., San Antonio, TX, Ronald Wayne Breaux , Jeremy Daniel Kemodle , Haynes & Boone, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Bill L. Davis , Assistant Attorney General (argued), Nancy Kathleen Juren , Assistant Attorney General, Autumn Hamit Patterson , Assistant Attorney General, Austin, TX, Defendant-Appellee.

Before DAVIS, JONES, and CLEMENT, Circuit Judges.

A manufacturer and distributor of over-the-counter dietary supplements, Isodrene and The HCG Solution, appeals the district court's order dismissing its constitutional and state law claims against the Attorney General of the State of Texas on the sole basis of state sovereign immunity. We conclude that it is at least...

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