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JOHNSON v. GAMBRINUS COMPANY/SPOETZL BREWERY

No. 95-40780.

116 F.3d 1052 (1997)

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

United States Court of Appeals, Fifth Circuit.

June 25, 1997.

Attorney(s) appearing for the Case

James C. Harrington, Maryann Overath, 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 L. Winckler, Bob Denton Gibbins, Jay Patrick Harvey, Gibbons, Winckler & Harvey, Austin, TX, for Amicus Curiae, Guide Dogs for the Blind, Guide Dogs of America, The Guide Dog Foundation, Guiding Eyes for the Blind, Leader Dogs, National Association of Guide Dog Users, Randolph Sheppard Vendors of Texas and The Seeing Eye and Advocacy, Incorporated.

Before KING, SMITH and WIENER, Circuit Judges.

KING, Circuit Judge:

The opinion entered in this cause on March 27, 1997, reprinted at 109 F.3d 1040, is withdrawn, and the following opinion is substituted therefor.

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...

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