Encore Videos Inc v. City of San Antonio

* District Judge of the Northern District of Texas, sitting by designation.
United States Court of Appeals
Fifth Circuit
F I L E D
December 4, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
___________
No. 00-51119
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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.

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