ROWELL v. PETTIJOHN

No. 15-50168.

816 F.3d 73 (2016)

Lynn ROWELL, doing business as Beaumont Greenery; Micah P. Cooksey; MPC Data and Communications, Incorporated; Mark Harken; NXT Properties, Incorporated; Paula Cook; Montgomery Chandler, Incorporated; Shonda Townsley; Townsley Designs, L.L.C., Plaintiffs-Appellants v. Leslie L. PETTIJOHN, in her official capacity as Commissioner of the Office of Consumer Credit Commissioner of the State of Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 2, 2016.


Attorney(s) appearing for the Case

Deepak Gupta (argued) , Gupta Wessler, P.L.L.C., Washington, DC, Richard Lyle Coffman , Coffman Law Firm, Beaumont, TX, for Plaintiffs-Appellants.

Evan Scott Greene (argued) , Office of the Solicitor General, Maria Amelia Calaf , H. Melissa Mather , Office of the Attorney General, Austin, TX, for Defendant-Appellee.

Paul M. Sherman , Samuel B. Gedge , Arlington, VA, Richard Alan Arnold, Esq. , James T. Almon, Esq. , William Jay Blechman, Esq. , Miami, FL, for Amicus Curiae.

Before DAVIS, BARKSDALE, and DENNIS, Circuit Judges.


For this challenge to a Federal Rule of Civil Procedure 12(b)(6) (failure to state a claim) dismissal, upholding Texas' Anti-Surcharge Law, Tex. Fin.Code § 339.001, at issue is whether the law's proscribing merchants' imposing surcharges for credit-card purchases constitutes a First Amendment violation...

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