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VRC LLC v. CITY OF DALLAS

No. 05-10116.

460 F.3d 607 (2006)

VRC LLC, Plaintiff-Appellant, v. CITY OF DALLAS; Don Bearden; Marcus Currie; Does 1-30, Defendants, City of Dallas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 8, 2006.

Attorney(s) appearing for the Case

James C. Mosser (argued), Byron Kevin Henry, Mosser Mallers, Dallas, TX, for Plaintiff-Appellant.

James Bickford Pinson, Asst. City Atty. (argued), Jason G. Schuette, Asst. City Atty., Dallas, TX, for Defendant-Appellee.

Before KING, BARKSDALE and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

The plaintiff-appellant, VRC LLC, provides non-consent towing services from private property in Dallas, Texas. VRC sued the City of Dallas for declaratory relief and a permanent injunction preventing enforcement of a city ordinance regulating such activities. The challenged ordinance, Dallas City Code Chapter 48A, section 48A-36, requires that signs warning of the threat of towing be posted on private...

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