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AM. PRECISION AMMUNITION v. CITY OF MINERAL WELLS

No. 21-10558.

90 F.4th 820 (2024)

AMERICAN PRECISION AMMUNITION, L.L.C., also known as Precision Ammunition; Matthew Campbell; Lauren Campbell, Plaintiffs-Appellants, v. CITY OF MINERAL WELLS; The Mineral Wells Industrial Foundation, Incorporated; The Mineral Wells/Palo Pinto Area Growth Council; Stephen L. Butcher; S.L.B., Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED January 12, 2024.

Attorney(s) appearing for the Case

Lance Hunter Beshara , Milo S. Bobbitt , Patel Gaines, P.L.L.C., Fort Worth, TX, for Plaintiffs-Appellants.

Thomas Phillip Brandt , Stephen Douglas Henninger , John Francis Roehm, III, Esq. , Fanning Harper Martinson Brandt & Kutchin, P.C., Dallas, TX, for Defendant-Appellee City of Mineral Wells.

Rickey J. Brantley , Attorney, Fort Worth, TX, for Defendants-Appellees The Mineral Wells Industrial Foundation, Incorporated, The Mineral Wells/Palo Pinto Area Growth Council, Stephen L. Butcher, and S.L.B., Incorporated.

Before Stewart, Dennis, and Wilson, Circuit Judges.

This case serves as a strong reminder of the consequences of entering into a contract that obligates a party to perform an action forbidden by law. The City of Wells in Texas ("City") and American Precision Ammunition, L.L.C. ("APA") entered into a Tax Abatement Agreement ("Agreement") in which the City promised to...

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