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HARRIS COUNTY, TX. v. CARMAX AUTO SUPERSTORES INC.

No. 98-20709.

177 F.3d 306 (1999)

HARRIS COUNTY, TEXAS, Plaintiff-Appellee, v. CARMAX AUTO SUPERSTORES INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 26, 1999.

Attorney(s) appearing for the Case

Frank Edward Sanders, Houston, TX, for Plaintiff-Appellee.

Richard M. Knoth, Jayne L. Jakubaitis, Arter & Hadden, Cleveland, OH, for Defendant-Appellant.

Linda B. Secord, Attorney General of Texas, Douglas Burt Fraser, Austin, TX, for Texas Motor Vehicle Board, Amicus Curiae.

Before KING, Chief Judge, and JOLLY and JONES, Circuit Judges.

KING, Chief Judge:

Defendant-appellant CarMax Auto Superstores, Inc. appeals the district court's grant of a preliminary injunction prohibiting it from selling or offering for sale motor vehicles on consecutive days of Saturday and Sunday on the premises of its stores in plaintiff-appellee Harris County, Texas in violation of Texas Transportation Code § 728.002. We find that Harris County is not bound by a prior state court injunction purporting to enjoin all...

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