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JOHNSON v. GAMBRINUS CO./SPOETZL BREWERY

No. 95-40780.

109 F.3d 1040 (1997)

Franklin JOHNSON, Plaintiff-Appellee, v. GAMBRINUS COMPANY/SPOETZL BREWERY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 27, 1997.

Attorney(s) appearing for the Case

James C. Harrington, Peter Thomas Hofer, Texas Civil Rights Project, Austin, TX, for Plaintiff-Appellee.

Robert E. Bettac, Robert A. Stevenson, Mark Jeffrey Levine, Akin, Gump, Strauss, Hauer & Feld, San Antonio, TX, for Defendant-Appellant.

Geoffrey N. Courtney, Jay Patrick Harvey, Jay L. Winckler, Bob Denton Gibbons, Austin, TX, for Amici Curiai.

Before KING, SMITH and WIENER, Circuit Judges.

KING, Circuit Judge:

Gambrinus Company/Spoetzl Brewery appeals the district court's judgment and injunctive order entered after the district court found a violation of the Americans with Disabilities Act and Texas law when it refused to permit Franklin Johnson, who is blind, to tour the Spoetzl Brewery with his guide dog. Finding no error, we affirm.

I. BACKGROUND

The Gambrinus Company ("Gambrinus") owns the Spoetzl Brewery (the "brewery") in Shiner...

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