IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED January 13, 2009

No. 08-10286 Charles R. Fulbruge III Clerk

In The Matter Of: TRINITY MEADOWS RACEWAY INC

Debtor

TRINITY MEADOWS RACEWAY INC

Appellant v.

TEXAS RACING COMMISSION OF THE STATE OF TEXAS; R DYKE ROGERS, In Capacity as former and acting chair of the Texas Racing Commission of the State of Texas

Appellees

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:07-CV-670

Before KING, BENAVIDES, and CLEMENT, Circuit Judges. PER CURIAM:* After having reviewed the briefs and the record, we AFFIRM for essentially the reasons given by the learned bankruptcy judge in his Memorandum Opinion entered on September 12, 2007.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.