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CITY OF RICHARDSON v. KAPLAN

No. 4265.

433 S.W.2d 254 (1968)

CITY OF RICHARDSON, Appellant, v. David KAPLAN, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied November 8, 1968.

Attorney(s) appearing for the Case

Saner, Jack, Sallinger & Nichols, H. Louis Nichols, Dallas, for appellant.

Hoppenstein & Prager, J. Manuel Hoppenstein, Dallas, for appellee.

WALTER, Justice.

This is a temporary injunction case. David Kaplan filed suit against the City of Richardson seeking to declare unconstitutional an ordinance making it unlawful to sell or give away baby chicks, ducklings or other fowl or rabbits as pets or novelties. The ordinance did not prohibit the sale by stores engaged in the business of selling them to be raised for commercial purposes. Kaplan was granted a temporary injunction and the City has appealed.

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