ENCORE VIDEOS, INC., Plaintiff-Appellant,
v.
CITY OF SAN ANTONIO, Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Filed December 4, 2003.
Filed December 4, 2003.
Attorney(s) appearing for the Case
Arthur Myron Schwartz, Michael W. Gross (argued), Schwartz & Goldberg, Denver, CO, for Plaintiff-Appellant.
Donald S. Bayne (argued), Michael P. Hodge, San Antonio, TX, for Defendant-Appellee.
Doreen Eva McGookey and James Bickford Pinson, Asst. City Attys., Dallas, TX, for City of Dallas, Amicus Curiae.
G. Randall Garrou, Weston, Garrou & DeWitt, Los Angeles, CA, for FTU, Inc., DAJO, Inc., Ice Embassy, Inc. and Texas Richmond Corp., Amici Curiae.
Beatrice A. Mladenka-Fowler, Mladenka-Fowler & Associates, Houston, TX, for City of Houston, Amicus Curiae.
Before SMITH and EMILIO M. GARZA, Circuit Judges, and CUMMINGS, District Judge.
United States Court of Appeals, Fifth Circuit.
BY THE COURT:
We clarify our opinion, 330 F.3d 288, by stating the following: The opinion does not overrule SDJ, Inc. v. City of Houston,837 F.2d 1268 (5th Cir.1988). Indeed, no panel has the power to overrule the opinion of a previous panel. Patterson v. Mobil Oil Corp.,335 F.3d 476, 485 (5th Cir.2003). In...
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