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ELLWEST STEREO THEATERS INC. OF TEXAS v. BYRD

No. CA 3-77-1044-C.

472 F.Supp. 702 (1979)

ELLWEST STEREO THEATERS INCORPORATED OF TEXAS v. Donald BYRD, Chief of Police of the City of Dallas, Jim F. Everett, Captain in the Dallas Police Department, Vice Division, Raymond H. Hawkins, Lieutenant in the Dallas Police Department, Vice Division, and Richard P. Horn, Lieutenant in the Dallas Police Department, Vice Division.

United States District Court, N. D. Texas, Dallas Division.

June 8, 1979.

Attorney(s) appearing for the Case

Mike Aranson, Dallas, Tex., Arthur M. Schwartz, Neil E. Ayervais, Denver, Colo., for plaintiff.

Lee E. Holt, City Atty., Joseph G. Werner, Kent S. Hofmeister, Asst. City Attys., Dallas, Tex., for defendants.

MEMORANDUM OPINION

WILLIAM M. TAYLOR, District Judge.

Plaintiff has sued to invalidate an Ordinance of the City of Dallas, Texas. That Ordinance is No. 15269 of September 13, 1976, which amended Sections 46-9.2 and 46-9.3 of Chapter 46, "THEATERS," of the Dallas City Code.1

Plaintiff sues under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) and the Fourteenth Amendment...

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