Judge dismisses challenge to deer, elk ban

LOUISVILLE, Ky. (AP) -- A federal judge has dismissed a challenge to Kentucky's ban on transporting deer and elk into the state saying the lawsuit was premature because a state court has already struck down the law.

U.S. District Judge Danny Reeves on Tuesday at least temporarily turned away a challenge to the law brought by the North American Deer Farmers Association.

Reeves cited a ruling in April by McCracken Circuit Judge Craig Clymer that said the law was vague and therefore unconstitutional. Reeves said that until there's a final appellate ruling on the law in state court, any federal challenge is untimely.

Kentucky state law banned the importation of elk and deer to protect the state's elk and white-tailed deer herds from chronic wasting disease.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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