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Fifth Circuit Court of Appeals Opinions -
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Fifth Circuit Court of Appeals Opinions -
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This
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Case Law - save on Lexis / WestLaw. United States Court of Appeals Fifth Circuit F I L E D December 4, 2003 UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FIFTH CIRCUIT Clerk ___________ No. 00-51119 ____________ ENCORE VIDEOS, INC., Plaintiff - Appellant, versus CITY OF SAN ANTONIO, Defendant - Appellee. Appeal from the United States District Court for the Western District of Texas Before SMITH and EMILIO M. GARZA, Circuit Judges, and CUMMINGS,* District Judge. BY THE COURT: We clarify our opinion, 330 F.3d 288, by stating the following: The opinion does not overrule SDJ, Inc. v. City of Houston, 837 F.2d 1268 (5th Cir. 1988). Indeed, no panel has the power to overrule the opinion of a previous panel. Patterson v. Mobil Oil Corp., 335 F.3d 476, 485 (5th Cir. 2003). In addition, the ordinance at issue was found not to be narrowly tailored because of both its failure to make an on-site/off-site distinction and its low 20% inventory requirement. * District Judge of the Northern District of Texas, sitting by designation. |
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