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VULCAN MATERIALS CO. v. CITY OF TEHUACANA

No. 99-51013.

238 F.3d 382 (2001)

Vulcan Materials Company, Plaintiff-Appellant, v. The City of Tehuacana, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised, January 24, 2001.

Attorney(s) appearing for the Case

Robert Gilchrist Newman, Michael W. O'Donnell, Fulbright & Jaworski, San Antonio, TX, William Joseph Boyce (argued), Fulbright & Jaworski, Houston, TX, Marcy Hogan Greer, Fulbright & Jaworski, Austin, TX, Amy Thomas, Law Offices of Amy Thomas, Mexia, TX, for Plaintiff-Appellant.

Charles D. Olson, Charles Alfred Mackenzie (argued), Michael W. Dixon, Haley & Davis, Waco, TX, for Defendant-Appellee.

Before GARWOOD, HIGGINBOTHAM and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-Appellant Vulcan Materials Company ("Vulcan"), a New Jersey corporation with its principal place of business in Birmingham, Alabama, brought this action against Defendant-Appellee the City of Tehuacana ("the City"), a municipality in Limestone County, Texas, alleging that a 1998 ordinance passed by the City Council forbidding certain quarrying or mining activities violates Vulcan's rights under both the United States and Texas Constitutions...

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