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TK'S VIDEO, INC. v. DENTON COUNTY, TEX.

Nos. 93-4631, 93-5234.

24 F.3d 705 (1994)

TK'S VIDEO, INC., Plaintiff-Appellant, v. DENTON COUNTY, TEXAS, Defendant-Appellee. TK'S VIDEO, INC., Plaintiff-Appellee, v. DENTON COUNTY, TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Opinion Denying Rehearing July 26, 1994.

Attorney(s) appearing for the Case

Brad Reich, Arthur M. Schwartz, Michael W. Gross, Denver, CO, for appellant in No. 93-4631.

Terrence S. Welch, Jimmy Edward Crouch, William C. Arnold, Pamela A. Wells, Denton County Crim. Dist. Atty., Dallas, TX, for appellee in No. 93-4631.

Terrence S. Welch, William C. Arnold, Vial, Hamilton, Koch & Knox, Dallas, TX, for appellant in No. 93-5234.

Brad Reich, Arthur M. Schwartz, Michael W. Gross, Denver, CO, Malcolm Dade, Dallas, TX, for appellee in No. 93-5234.

Before GOLDBERG, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

TK's Video, Inc., an adult book and video store, sued Denton County, Texas, contending its licensing requirements for "adult" businesses violate the First and Fourteenth Amendments.1 The district court held several licensing requirements unconstitutional, severed them, upheld the others, and awarded attorney's fees, 830 F.Supp. 335. Both TK's and Denton County...

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