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CITY OF HOUSTON v. JOHNNY FRANK'S AUTO PARTS CO.

No. 601.

480 S.W.2d 774 (1972)

CITY OF HOUSTON et al., Appellants, v. JOHNNY FRANK'S AUTO PARTS COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied May 31, 1972.

Attorney(s) appearing for the Case

William A. Olson, City Atty., F. William Colburn, Sr., Brian L. Reade, Asst. City Attys., Houston, for appellants.

Seymour Lieberman, Lieberman & Komiss, Houston, for appellees.

TUNKS, Chief Justice.

On May 4, 1971, the City Council of the City of Houston passed an ordinance, designated as number 71-825, regulating the operation of automotive wrecking and salvage yards within the City. Johnny Frank's Auto Parts Company and several other owners of such automotive wrecking yards filed suit against the City of Houston for declaratory judgment that such ordinance was void and for injunction against its enforcement. After a non-jury trial the...

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