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G.J. DEASY INV., INC. v. MATTOX

No. 85-1198.

778 F.2d 1091 (1985)

G.J. DEASY INVESTMENT, INC., d/b/a Texas Vehicle Management, Plaintiff-Appellant, v. James A. MATTOX, Attorney General of the State of Texas, Russell Harding, Executive Director of the Texas Motor Vehicle Commission, Erwin Elias, Chairman of the Texas Motor Vehicle Commission, Dan Boone, Vice Chairman of the Texas Motor Vehicle Commission, and Bill Rogers, Ted Treadaway, George Miller, Rudy Garza, Sally Hermann, Robert Hoy, and Thomas Demarest, Members of the Texas Motor Vehicle Commission, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 18, 1985.

Attorney(s) appearing for the Case

James H. Baumgartner, Jr., Paul D. Schoonover, Dallas, Tex., for plaintiff-appellant.

Jim Mattox, Atty. Gen., Mary F. Keller, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

David C. Godbey, Dallas, Tex., for amicus curiae, Tex. Auto Dealers Ass'n.

Before CLARK, Chief Judge, WILLIAMS, and DAVIS, Circuit Judges.

OPINION

PER CURIAM:

G.J. Deasy, d/b/a Texas Vehicle Management (TVM), appeals the district court's grant of summary judgment for the Attorney General of the State of Texas. We affirm.

In 1983, in response to efforts of the Texas Association of Automobile Dealers, the Texas legislature amended Article 4413(36) of the Texas Revised Civil Statutes entitled "Motor Vehicle Commission Code." This statute, particularly...

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