CITY OF HOUSTON v. JAS. K. DOBBS CO. OF DALLAS

No. 15810.

232 F.2d 428 (1956)

CITY OF HOUSTON, Roy Hofeinz and Jack Heard (Oscar F. Holcombe substituted in place of Roy Hofheinz), Appellants, v. JAS. K. DOBBS CO. OF DALLAS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

May 8, 1956.


Attorney(s) appearing for the Case

Homer T. Bouldin, Senior Asst. City Atty., Will G. Sears, City Atty., Geo. D. Neal, City Atty., Houston, Tex., for appellants.

Warren P. Cunningham, Jr., Houston, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal by the City of Houston, its Mayor and Police Chief from an order granting a permanent injunction against the enforcement by them of a Houston city ordinance.

The facts are not in dispute. Appellee is an experienced and financially responsible purveyor of food, both in local airport restaurants and for serving passengers and crews on interstate airlines. It has been successfully engaged in this business for several years...

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