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AFFILIATED CAPITAL CORP. v. CITY OF HOUSTON

No. 81-2335.

741 F.2d 766 (1984)

AFFILIATED CAPITAL CORPORATION, etc., Plaintiff-Appellant, v. CITY OF HOUSTON, et al., Defendants, Gulf Coast Cable Television and James J. McConn, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 17, 1984.

Attorney(s) appearing for the Case

Stephen D. Susman, William H. White, Charles J. Brink, Houston, Tex., Michael M. Barron, Austin, Tex., for plaintiff-appellant.

Rufus Wallingford, Layne E. Kruse, Houston, Tex., for City of Houston and Jim McConn.

Richard B. Miller, Theodore F. Weiss, Jr., John L. Jeffers, Richard B. Miller, Houston, Tex., for Gulf Coast Cable.

Before CLARK, Chief Judge, GEE, RUBIN, GARZA, REAVLEY, POLITZ, TATE, JOHNSON, WILLIAMS, JOLLY, HIGGIN-BOTHAM and DAVIS, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

IT IS ORDERED that the petition for rehearing of Gulf Coast Cable Television filed in the above entitled and numbered cause be and the same is hereby DENIED.

CLARK, Chief Judge, with whom REAVLEY and JOLLY, Circuit Judges, join, dissenting:

I respectfully dissent from the refusal of the en banc court to grant rehearing for the reasons stated in my dissent, plus...

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