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RUNDUS v. CITY OF DALLAS, TEX.

Nos. 09-11027, 10-10024.

634 F.3d 309 (2011)

Darrel RUNDUS, Plaintiff-Appellant, v. CITY OF DALLAS, TEXAS; State Fair of Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 21, 2011.

Attorney(s) appearing for the Case

Patrick Thomas Gillen (argued), Naples, FL, William Charles Bundren , Wm. Charles Bundren & Associates, Frisco, TX, for Rundus.

Barbara Elaine Rosenberg (argued), James Bickford Pinson , Asst. City Atty., Dallas, TX, for City of Dallas.

Bryan Patrick Neal (argued), Micah Randall Prude , Thompson & Knight, L.L.P., Robert Bryan Smith , Smith & Smith, Dallas, TX, for State Fair of Texas.

Before JONES, Chief Judge, and JOLLY and GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal arises out of Darrel Rundus's insistence on distributing free Bible tracts at the annual Texas State Fair (the "Fair"). He has twice had his efforts thwarted by the private corporation, the State Fair of Texas ("SFOT"), that runs the Fair. Shortly after his second failed attempt, Rundus filed this suit under 42 U.S.C. § 1983 against the City of Dallas (the "City") and SFOT, alleging that they had violated his First Amendment...

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