UNIVERSAL AMUSEMENT CO., INC. v. VANCE

No. 75-4312.

559 F.2d 1286 (1977)

UNIVERSAL AMUSEMENT COMPANY, INC., et al., Plaintiffs-Appellees, v. Carol VANCE et al., Defendants, State of Texas, Defendant-Appellant. Richard C. DEXTER, Plaintiff-Appellee, v. Ted BUTLER, District Attorney of Bexar County, Texas, et al., Defendants-Appellants. SOUTHLAND THEATRES, INC., et al., Plaintiffs-Appellees, v. Ted BUTLER, District Attorney of Bexar County, Texas, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted December 1, 1977.


Attorney(s) appearing for the Case

Max P. Flusche, Jr., Asst. Atty. Gen., John L. Hill, Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Joe B. Dibrell, Lonny F. Zwiener, Asst. Attys. Gen., Austin, Tex., for State of Tex.

Douglas C. Young, Keith W. Burris, Asst. Crim. Dist. Attys., San Antonio, Tex., for Butler.

Edgar Pfeil, Jane Haun Macon, Asst. City Attys., San Antonio, Tex., for Peters.

Frierson M. Graves, Jr., Memphis, Tenn., Gerald Goldstein, San Antonio, Tex., for R. C. Dexter and Southland.

Before THORNBERRY and GEE, Circuit Judges, and MARKEY, Chief Judge.


Rehearing En Banc Granted December 1, 1977.

GEE, Circuit Judge:

Presented with a number of requests for appointment of three-judge district courts to hear challenges to Texas statutes dealing with obscenity, the Chief Judge of this circuit consolidated all such cases for trial before one three-judge district court in Houston. The managing judge of that court attempted to simplify its Brobdingnagian task by choosing and setting for trial those three of the...

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