TX Assn of Business, et al v. Badnarik, et al

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 2, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50583
Summary Calendar
TEXAS ASSOCIATION OF BUSINESS;
WILLIAM O. HAMMOND,
Plaintiffs-Appellants,
versus
MIKE BADNARIK; TONY BUZBEE; DAVID CAIN;
PAUL CLAYTON; DAVID COUNTS; BOB GLAZE;
MIKE HEAD; DONNIE JARVIS; NATHANIEL LAFLEUR;
DAVID LENGEFELD; JOSEPHINE MILLER; ROBIN MOORE;
ROBERT PARKER; RAUL PRADO; GEORGE ROBINSON;
TOM UHER; KEN YARBROUGH,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-02-CV-826-SS
--------------------
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
The Texas Association of Business (TAB) and William O.
Hammond appeal 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

-- 1 of 2 --

No. 03-50583
-2-
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 (1992).
AFFIRMED.

-- 2 of 2 --