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

Fifth Circuit

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

402 F.2d 61

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 24, 1969

Docket26076

StatusPublished

Cited by3 cases

This text of 402 F.2d 61 (A. M. Cohen and Wife, Verbie Lee Cohen v. R. C. Bredehoeft, Fire Marshal of City of Houston) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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A. M. Cohen and 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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Opinion

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.

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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.

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402 F.2d 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-m-cohen-and-wife-verbie-lee-cohen-v-r-c-bredehoeft-fire-marshal-of-ca5-1969.

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