United States Fifth Circuit
Empacadora de Carnes de Fresnillo, S.A. v. Curry, 05-11499
A permanent injunction barring the prosecution of slaughterhouses for processing, selling and transporting horsemeat for human consumption is vacated where: 1) Texas Agriculture Code Chapter 149, which prohibits such activity, has not been repealed or preempted by federal law; and 2) as applicable to the parties' activities, Chapter 149 does not violate the dormant Commerce Clause.
Appellate Information
- Decided 01/19/2007
- Published 01/22/2007
Judges
- BENAVIDES, Circuit Judge:, Before BARKSDALE, BENAVIDES and OWEN, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Ann Lusas Diamond (argued), Asst. Dist. Atty., Fort Worth, TX, for Curry., Mary Ellen Roy, Phelps Dunbar, New Orleans, LA, for Amicus Curiae.
- For Appellees:
- R. David Broiles, Karin Knowles Cagle (argued), Cagle Broiles, Fort Worth, TX, for Plaintiffs-Appellees.