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ENCORE VIDEOS, INC. v. CITY OF SAN ANTONIO

No. 00-51119.

330 F.3d 288 (2003)

ENCORE VIDEOS, INC., Plaintiff-Appellant, v. CITY OF SAN ANTONIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 29, 2003.

Attorney(s) appearing for the Case

Arthur Myron Schwartz, Michael W. Gross, Schwartz & Goldberg, Denver, CO, for Plaintiff-Appellant.

Donald S. Bayne, Michael P. Hodge, San Antonio, TX, for Defendant-Appellee.

Doreen Eva McGookey, Asst. City Atty., James Bickford Pinson, Asst. City Atty., Dallas, TX, for City of Dallas, Amicus Curiae.

Beatrice A. Mladenka-Fowler, Mladenka-Foweler & Associates, Houston, TX, for City of Houston, Amicus Curiae.

G. Randall Garrou, Weston, Garrou & DeWitt, Los Angeles, CA, for FTU Inc. and Texas Richmond Corp., Amici Curiae.

Before SMITH and EMILIO M. GARZA, Circuit Judges, and CUMMINGS, District Judge.

PER CURIAM:

Encore Videos's petition for panel rehearing is DENIED. The City's petition for rehearing en banc is construed as a petition for panel rehearing pursuant to the 5TH CIR. IOP to FED. R. APP. P. 35, and is also DENIED. The opinion of the court issued on October 29, 2002, 310 F.3d 812, is withdrawn, and the following is substituted:

I.

Appellant Encore Videos, Inc. ("Encore Videos"), operates a sexually...

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