UNIVERSAL AMUSEMENT CO., INC. v. HOFHEINZ

No. 78-3755 Summary Calendar.

646 F.2d 996 (1981)

UNIVERSAL AMUSEMENT CO., INC., et al., Plaintiffs-Appellants, v. Fred HOFHEINZ et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 1, 1981.


Attorney(s) appearing for the Case

Marian S. Rosen, Clyde W. Woody, Houston, Tex., for plaintiffs-appellants.

Charles M. Williams and John G. Lione, Jr., Asst. City Attys., Houston, Tex., for defendants-appellees.

Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.


JOHN R. BROWN, Circuit Judge:

In our original decision, Universal Amusement Co., Inc. v. Hofheinz, 616 F.2d 202 (5th Cir. 1980), we stayed the issuance of the mandate pending consideration of an additional damage claim in light of the recent pronouncements in Owen v. City of Independence, 445 U.S. 622, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980) and the Fifth Circuit case construing Owen...

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