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HOME DEPOT, INC. v. GUSTE

No. 84-3532.

773 F.2d 616 (1985)

HOME DEPOT, INC., and Gaylord's National Corporation, Plaintiffs-Appellees, v. William J. GUSTE, Jr., Attorney General of the State of Louisiana, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 10, 1985.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Louis M. Jones, Kenneth C. Fonte, Asst. Atty. Gen., New Orleans, La., for defendant-appellant.

Sessions, Fishman, Rosenson, Boisfontaine & Nathan, Robert E. Barkley, Jr., Francis R. White, III, New Orleans, La., Smith, Cohen, Ringel, Kohler & Martin, John L. Latham, Robert W. Beynart, Atlanta, Ga., for plaintiffs-appellees.

Harvey C. Koch, New Orleans, La., for amicus-K-Mart.

Before POLITZ, GARWOOD, and DAVIS, Circuit Judges.

Rehearing En Banc Denied December 10, 1985.

GARWOOD, Circuit Judge:

Plaintiffs-appellees, Home Depot, Inc., and Gaylord's National Corp., are national chain corporations which own and operate retail stores in the State of Louisiana. In this suit, they sought declaratory and injunctive relief against the Attorney General of Louisiana. Plaintiffs alleged that La.Rev.Stat.Ann. § 51:1941 of the

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