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A. M. Cohen and Wife, Verbie Lee Cohen v. R. C. Bredehoeft, Fire Marshal of City of Houston

A. M. COHEN and Wife, Verbie Lee Cohen, Appellants, v. R. C. BREDEHOEFT, Fire Marshal of City of Houston, Et Al., Appellees

A. M. Cohen & Wife, Verbie Lee Cohen v. R. C. Bredehoeft, Fire Marshal of City of Houston, 402 F.2d 61 (5th Cir. 1969)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
February 24, 1969
Docket
No. 26076
Judges
Bell, Simpson, Roberts
Citations
402 F.2d 61

Opinion — Per Curiam

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, S 8, Cl. 3, and the due process and equal protection clauses of the Fourteenth Amendment to the Constitution.

The state questions asserted were fully answered, adversely to appellants, in the state courts. Alpha Enterprises, Inc. v. City of Houston, 411 S.W.2d 417 (Tex. Civ.App., Houston 1967), error ref. n. r. e., cert. denied, 389 U.S. 1005 , 88 S. Ct. 565 , 19 L.Ed.2d 601 (1967). The federal questions presented were the subject matter of a memorandum opinion of the district court and were found to be without merit. Cohen v. Bredehoeft, Fire Marshal, S.D.Tex., 1968, 290 F.Supp. 1001 . We agree that the complaint is without redeeming merit. The district court did not err in denying the relief sought.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1971: 11983: 12011: 119712026peak 1971 · 1

Relies on it most ⓘ

  1. American Promotional Events, Inc.—Northwest v. City & County of Honolulu796 F. Supp. 2d 1261 (D. Haw. 2011)
  2. South Dakota Department of Public Safety ex rel. Melgaard v. Haddenham339 N.W.2d 786 (S.D. 1983)
  3. (1971)60 Op. Att'y Gen. 158 (Wis. Att'y Gen. 1971)

Most recent

  1. American Promotional Events, Inc.—Northwest v. City & County of Honolulu796 F. Supp. 2d 1261 (D. Haw. 2011)
  2. South Dakota Department of Public Safety ex rel. Melgaard v. Haddenham339 N.W.2d 786 (S.D. 1983)
  3. (1971)60 Op. Att'y Gen. 158 (Wis. Att'y Gen. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Byrne v. Chicago Title & Trust Co., 389 U.S. 1005 (1967) 27
Cohen v. Bredehoeft, 290 F. Supp. 1001 (S.D. Tex. 1968) 9
Alpha Enters. v. City of Houston, 411 S.W.2d 417 (Tex. App. 1967) 7

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