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MOODY v. MICHIGAN GAMING CONTROL BD.

Nos. 16-2244/2369.

871 F.3d 420 (2017)

John MOODY; Donald Harmon; Rick Ray; Wally McIllmurray, Plaintiffs-Appellees/Cross-Appellants, v. MICHIGAN GAMING CONTROL BOARD, et al., Defendants, Al Ernst; John Lessnau, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2017.

Attorney(s) appearing for the Case

ARGUED: Jason A. Geissler , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellants/Cross-Appellees. Hugh M. Davis , CONSTITUTIONAL LITIGATION ASSOCIATES, P.C., Detroit, Michigan, for Appellees/Cross-Appellants. ON BRIEF: Jason A. Geissler , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellants/Cross-Appellees. Hugh M. Davis , Cynthia Heenan , Scott Mackela , CONSTITUTIONAL LITIGATION ASSOCIATES, P.C., Detroit, Michigan, for Appellees/Cross-Appellants.

MOORE, J., delivered the opinion of the court in which COLE, C.J., joined, and BATCHELDER, J., joined in part. BATCHELDER, J. (pp. 430-37), delivered a separate opinion concurring in part and dissenting in part.

OPINION

In 2010, the Michigan Gaming Control Board ("MGCB"), a state entity that regulates horse racing, held a hearing to determine whether certain drivers were involved in an illegal race-fixing scheme. At the hearing, Plaintiffs John Moody, Donald Harmon, Rick Ray, and Wally McIllmurray, Jr. ("Plaintiffs...

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