U.S. Court of Appeals for the Fifth Circuit, 2004

Texas Ass'n of Business v. Badnarik

Texas Ass'n of Business v. Badnarik
U.S. Court of Appeals for the Fifth Circuit · Decided February 2, 2004 · Barksdale, Garza, Dennis
86 F. App'x 712

Texas Ass'n of Business v. Badnarik

Opinion

PER CURIAM . *

The Texas Association of Business (TAB) and William O. Hammond appeal *713 the district court’s dismissal of their complaint for lack of jurisdiction. They argue that the district court erred in determining that the complaint did not allege facts establishing an actual case or controversy as they have been threatened with lawsuits and a criminal investigation concerning their creation and publishing of issue-oriented advertisements discussing the records of various candidates for the 2002 Texas elections. Because TAB and Hammond have not alleged that the threat of litigation is fairly traceable to the challenged action of the defendants, they have not met their burden to establish that an actual case or controversy exists. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2180, 119 L.Ed.2d 351 (1992).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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