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STANSBERRY v. HOLMES

No. 79-3606.

613 F.2d 1285 (1980)

Jessie STANSBERRY d/b/a Universal Studio et al., Plaintiffs-Appellees, v. John HOLMES, Harris County District Attorney, Jack Heard, Sheriff of Harris County, Texas, each in their official capacities, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing April 28, 1980.

Attorney(s) appearing for the Case

Joe Resweber, County Atty., Anthony D. Sheppard, Stephen Neel, T. M. Kemper, Asst. County Attys., Houston, Tex., for Heard.

Clyde F. DeWitt, III, Asst. Dist. Atty., Houston, Tex., for Holmes.

Stanley G. Schneider, Houston, Tex., for plaintiffs-appellees.

Before TUTTLE, FAY and THOMAS A. CLARK, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 28, 1980.

TUTTLE, Circuit Judge:

This case involves an appeal from a district court's order permanently enjoining the enforcement of Regulations §§ 4(k) and (l) of the Regulations of Harris County, Texas dealing with the zoning of certain sexually oriented commercial enterprises. We reverse the decision of the trial court.

For a number of years Texas municipalities have...

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