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MITZ v. TEXAS STATE BD. OF VET. MED. EXAM.

No. 03-08-00077-CV.

278 S.W.3d 17 (2008)

Carl MITZ, Dena Corbin, Randy Riedinger, Brady George, Gary Barnes and Tony Greaves, Appellants, v. TEXAS STATE BOARD OF VETERINARY MEDICAL EXAMINERS; Robert L. Lastovica, DVM, in his official capacity as President of the Texas State Board of Veterinary Medical Examiners; Bud E. Alldredge, Jr., DVM, in his official capacity as Vice President of the Texas State Board of Veterinary Medical Examiners; Patrick M. Allen, DVM, in his official capacity as Secretary of the Texas State Board of Veterinary Medical Examiners; Janie Allen Carpenter, DVM, David Wayne Heflin, DVM, Paul Martinez, Dawn E. Reveley, Cynthia Diaz, and Guy W. Johnsen, DVM, in their official capacities as members of the Texas State Board of Veterinary Medical Examiners, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 18, 2009.

Attorney(s) appearing for the Case

Clark Neily, Institute of Justice, Arlington, VA, Cindy Olson Bourland, Merica & Bourland, P.C., Austin, for appellants.

Marc Rietvelt, Asst. Dist. Gen., Austin, for appellees.

Before Justices PATTERSON, WALDROP and HENSON.

OPINION

DIANE M. HENSON, Justice.

Appellants, a group comprised of four non-veterinarian equine dental practitioners and two horse breeders who employ such practitioners to service their horses,1 sought a declaratory judgment and injunctive relief against the Texas State Board of Veterinary Medical Examiners, alleging that the Board's regulation of equine dentistry under the Veterinary Licensing Act is unconstitutional...

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