COHEN v. BREDEHOEFT

No. 26076.

402 F.2d 61 (1968)

A. M. COHEN and wife, Verbie Lee Cohen, Appellants, v. R. C. BREDEHOEFT, Fire Marshal of City of Houston, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 29, 1968.

Certiorari Denied February 24, 1969.


Attorney(s) appearing for the Case

Charles A. Easterling, Presley E. Werlein, Jr., Houston, Tex., for appellants.

Joseph G. Rollins, Sr., Asst. City Atty., Thomas F. Keever, Asst. Atty. Gen., Wm. A. Olson, City Atty., Houston, Tex., for appellees.

Before BELL and SIMPSON, Circuit Judges, and ROBERTS, District Judge.


Certiorari Denied February 24, 1969. See 89 S.Ct. 873.

PER CURIAM:

Appellants are engaged in the wholesale fireworks business in the City of Houston. The business entails the maintenance of warehouses where fireworks are stored. An ordinance of the City prohibits such storage. Appellants contend that the ordinance is violative of the commerce clause of the federal Constitution, Art. 1, § 8, Cl. 3, and the due process and equal protection clauses of the...

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