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CITY OF SAN ANTONIO v. RUBIN

No. 5721.

42 F.2d 107 (1930)

CITY OF SAN ANTONIO et al. v. RUBIN et al.

Circuit Court of Appeals, Fifth Circuit.

June 25, 1930.

Attorney(s) appearing for the Case

T. D. Cobbs, Jr., C. K. Quin, and Joseph Ryan, City Atty., all of San Antonio, Tex., for appellants.

R. J. McMillan, of San Antonio, Tex. (J. C. Hall, of Edinburg, Tex. and Terrell, Davis, McMillan & Hall, of San Antonio, Tex., on the brief), for appellees.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

BRYAN, Circuit Judge.

The city of San Antonio has an ordinance which prohibits the construction or operation of "drive-in" filling stations for the sale of gasoline, oil, and other automobile supplies, absolutely within the first or inner fire limits, and without a permit outside or beyond those limits. The city commissioners, five in number, are required to consider an application for a permit which in their discretion they...

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