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COOPER v. TEXAS ALCOHOLIC BEVERAGE COM'N

No. 14-51343.

820 F.3d 730 (2016)

Steve COOPER, Plaintiff, v. TEXAS ALCOHOLIC BEVERAGE COMMISSION, Defendant, and Fine Wine & Spirits of North Texas, L.L.C.; Southern Wine and Spirits of Texas, Incorporated, Intervenor Plaintiffs-Appellees, v. Texas Package Stores Association, Incorporated, Intervenor Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 21, 2016.

Attorney(s) appearing for the Case

James C. Ho, Esq. (argued), Bradley G. Hubbard , Prerak Shah , Assistant Solicitor General, Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, Frederick W. Sultan, IV , Gardere Wynne Sewell, L.L.P., Austin, TX, Marie Roachy Yeates, Esq. (argued), James Lewis Leader, Jr. , Christopher V. Popov , Vinson & Elkins, L.L.P., Houston, TX, for Intervenor Plaintiff-Appellees.

Leslie Sara Hyman, Esq. (argued), Randall Alan Pulman , Etan Z. Tepperman , Pulman, Cappuccio, Pullen, Benson & Jones, L.L.P., San Antonio, TX, for Intervenor Defendant-Appellant.

Before JONES and SMITH, Circuit Judges, and FITZWATER, District Judge.

The Texas Package Stores Association ("TPSA") moved for relief from an injunction under Federal Rule of Civil Procedure 60(b). The district court denied the motion for want of jurisdiction. Because there is jurisdiction, we reverse the order denying the motion on jurisdictional grounds and render an order denying it...

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