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SOILEAU v. CHURCHILL DOWNS HORSERACING

Nos. 2017-CA-1003, 2017-CA-1004.

317 So.3d 491 (2018)

John L. SOILEAU, et al. v. CHURCHILL DOWNS LOUISIANA HORSERACING COMPANY, LLC, Churchill Down Louisiana Video Poker Company, LLC John L. Soileau, et al. v. Churchill Downs Louisiana Horseracing Company, LLC, Churchill Down Louisiana Video Poker Company, LLC.

Court of Appeal of Louisiana, Fourth Circuit.

June 13, 2018.

Attorney(s) appearing for the Case

William L. Townsend, III , Thomas T. Townsend , Keenan K. Kelly , KELLY & TOWNSEND, LLC, 137 St. Denis Street, P.O. Box 756, Natchitoches, LA 71457, J. Chris Guillet , Ronald E. Corkern, Jr. , CORKERN, CREWS & GUILLET, L.L.C., P.O. Box 1036, Natchitoches, LA 71458-1036, COUNSEL FOR PLAINTIFFS/APPELLANTS.

David F. Waguespack , Matthew J. Fantaci , CARVER, DARDEN, KORETZKY, TESSIER, FINN, BLOSSMAN & AREAUX, LLC, 1100 Poydras Street, Suite 3100, New Orleans, LA 70163, John L. Duvieilh , Catherine Darden , JONES WALKER, LLP, 201 St. Charles Avenue, Suite 4700, New Orleans, LA 70170, COUNSEL FOR DEFENDANTS/APPELLEES.

(Court composed of Judge Roland L. Belsome, Judge Rosemary Ledet, Judge Paula A. Brown).

This appeal stems from a trial court judgment affirming the administrative decision of the Louisiana State Racing Commission (the "Commission"), which granted an exception of no right of action and dismissed the Plaintiffs' lawsuit. For the following reasons, we reverse and remand the case to the Commission for further proceedings...

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