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BETTER HOME PRODUCTS OF TEXAS, CO. v. CITY OF DALLAS

No. 18393.

517 S.W.2d 373 (1974)

BETTER HOME PRODUCTS OF TEXAS, CO., Appellant, v. CITY OF DALLAS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied December 5, 1974.

Attorney(s) appearing for the Case

Paul H. Stanford, Paul W. Wisdom, Jr., Dallas, for appellant.

Alex Bickley, City Atty., Richard S. Sacks, Asst. City Atty., Dallas, for appellee.

GUITTARD, Justice.

In this declaratory judgment action plaintiff Better Home Products of Texas seeks a judicial determination that its solicitation of orders for merchandise by telephone without a permit does not violate a penal ordinance of defendant City of Dallas. In the alternative, plaintiff prays that the ordinance, if it requires such a permit, be declared unconstitutional. The trial court dismissed the action on the pleadings for lack of jurisdiction, and...

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