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HOUSE THE HOMELESS, INC. v. WIDNALL

Nos. 96-50065, 96-50265.

94 F.3d 176 (1996)

HOUSE THE HOMELESS, INC., A Non-Profit Organization; Richard R. Troxell, President; Chris Lyne, Plaintiffs-Appellants, v. Sheila E. WIDNALL, Sec. Air Force, in her official capacity as Secretary of the United States Air Force, et al., Defendants. Jesus Garza, In His Official Capacity as City Manager of the City of Austin, Defendant-Appellee. HOUSE THE HOMELESS, INC., A Non-Profit Organization; Richard R. Troxell, President; Chris Lyne, Plaintiffs-Appellants, v. Sheila E. WIDNALL, Sec. Air Force, in her official capacity as Secretary of the United States Air Force; William J. Perry, Honorable, In His Official Capacity as Secretary of the Department of Defense; Jesus Garza, In His Official Capacity as City Manager of the City of Austin, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 21, 1996.

Attorney(s) appearing for the Case

Cecilia M. Wood, Austin, TX, for House The Homeless, Inc., Richard R. Troxell, Chris Lyne.

William T. Deane, Patrick G. Rehmet, Andrew Martin, Austin, TX, for Jesus Garza.

Robert S. Greenspan, U.S. Department of Justice, Civil Division, Washington, DC, Edward Himmelfarb, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, William T. Deane, Patrick G. Rehmet, Andrew Martin, Austin, TX, for Sheila E. Widnall, William J. Perry.

Before BENAVIDES, STEWART and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

Plaintiffs-Appellants appeal the district court's order and partial judgment denying Plaintiffs-Appellants' request for a temporary restraining order and preliminary injunction and dismissing Plaintiffs-Appellants' claims against Defendant-Appellee City of Austin, and the district court's order and final judgment dismissing Plaintiffs-Appellants' claims against all remaining Defendants-Appellees. We affirm.

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