BEELER v. ROUNSAVALL

No. 02-10360.

328 F.3d 813 (2003)

Jon BEELER, Plaintiff-Appellant, v. John ROUNSAVALL, Mary Gayle Ramsey, and The City of Terrell, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 7, 2003.


Attorney(s) appearing for the Case

Michael Paul Wortham (argued), Nacol, Wortham & Associates, Richardson, TX, for Plaintiff-Appellant.

Peter Gardner Smith (argued), Nichols, Jackson, Dillard, Hager & Smith, Dallas, TX, for Defendants-Appellees.

Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.


CLEMENT, Circuit Judge:

The issue on appeal is whether the district court erred in granting summary judgment in favor of John Rounsavall ("Rounsavall"), City Secretary; Mary Gayle Ramsey ("Ramsey"), City Attorney; and the City of Terrell, Texas, ("the City") on the appellant's "class of one" equal protection claim. We affirm.

I. FACTS AND PROCEEDINGS

Under the Texas Alcoholic Beverage Code ("the Code"), an operator of a convenience store must apply...

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