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TEXAS ALCOHOLIC BEVERAGE COM'N v. A.M.O.T., INC.

No. 03-98-00579-CV.

997 S.W.2d 651 (1999)

TEXAS ALCOHOLIC BEVERAGE COMMISSION, Appellant, v. AMUSEMENT AND MUSIC OPERATORS OF TEXAS, INC., Appellee.

Court of Appeals of Texas, Austin.

Opinion on Rehearing July 29, 1999.

Attorney(s) appearing for the Case

John Cornyn, Atty. Gen., W. Reed Lockhoof, Asst. Atty. Gen., Law Enforcement Defense Div., Austin, for appellant.

Jennifer S. Riggs, Hill, Gilstrap, Adams & Graham, Austin, for appellee.

Barry Bishop, Clark, Thomas & Winters, Austin, for Veterans of Foreign Wars, Dept. of Texas.

Before Justices JONES, B.A. SMITH and YEAKEL.

BEA ANN SMITH, Justice.

This case comes before us on an interlocutory appeal from a temporary injunction. The Amusement and Music Operators of Texas, Inc. ("AMOT") filed a declaratory judgment action against the Texas Alcoholic Beverage Commission (the "Commission"); Doyne Bailey, the Administrator of the Commission; the Department of Public Safety; and Dudley Thomas, the Director of the Department of Public Safety. AMOT challenged the constitutionality of a Commission...

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