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BAILEY v. SMITH

No. 03-17-00703-CV.

581 S.W.3d 374 (2019)

Ken BAILEY and Bradley Peterson, Appellants, v. Carter SMITH, Executive Director; Clayton Wolf, Wildlife Division Director; Mitch Lockwood, Big Game Program Director; and Texas Parks & Wildlife Department, Appellees.

Court of Appeals of Texas, Austin.

Filed: June 28, 2019.

Attorney(s) appearing for the Case

Mr. Patrick K. Sweeten , Office of the Attorney General, P. O. Box 12548 (MC-066), Austin, TX 78711-2548, Mr. Jason R. LaFond , Office of the Attorney General of Texas, P. O. Box 12548 (MC 059), Austin, TX 78711-2548, for Appellees.

Ms. Jennifer S. Riggs , Riggs & Ray, P.C., 506 W. 14 St., Suite A, Austin, TX 78701, for Appellants.

Before Justices Goodwin, Baker, and Smith

OPINION

This is a dispute between commercial deer breeders and the Texas Parks and Wildlife Department (the Department) over the ownership of captive-bred whitetail deer. Ken Bailey and Bradley Peterson each hold a deer breeder's permit issued by the Department authorizing them "to possess live breeder deer in captivity...

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