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COOPER v. McBEATH

No. 91-8346.

11 F.3d 547 (1994)

Steve C. COOPER and Richard L. Wilson, Plaintiffs-Appellees, v. W.S. McBEATH, Defendant-Appellant, and Licensed Beverage, Licensed Beverage Distributors Association, Inc., et al., Intervenor-Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 13, 1994.

Attorney(s) appearing for the Case

Mary Joe Carroll, Michael R. Klatt, Clark, Thomas, Winters & Newton, Austin, TX, for Licensed Beverage.

W. Reed Lockhoof, Louis V. Carrillo, Asst. Attys. Gen., Dan Morales, Atty. Gen., Austin, TX, for McBeath.

Michael S. Simpson, Jill Boyer Scott, David James Bush, Hughes & Luce, Austin, TX, for TX Package Stores Assoc.

Shannon H. Ratliff, Marc O. Knisely, McGinnis, Lochridge & Kilgore, Austin, TX, for Wholesale Beer Distributors of TX.

Alan D. Albright, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Austin, TX, for Cooper.

Richard L. Wilson, pro se.

Before REYNALDO G. GARZA, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The chief question in this case is whether certain portions of the Texas Alcoholic Beverage Code ("Code") violate the Commerce Clause and/or the Privileges and Immunities Clause of the United States Constitution. Finding that the dispute is not moot and that the plaintiffs possess ample standing to challenge the statutes, we determine that the Code's durational residency and citizenship requirements amount to simple economic protectionism...

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