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· 7/1/1901

City of New Orleans v. Faber

Citations

  • 105 La. 208

Syllabus

<p>Syllabus.</p> <p>1. The ordinance of the New Orleans City Council, No. 312, N. C. S., adopted under the authority of Act No. 34 of 1900, in prohibiting private markets within thirty-two hundred feet of the public markets, violates none of the provisions of the State or Federal Constitutions, which are here invoked.</p> <p>2.' It is within the police power and legislative discretion of the City of New Orleans, under said act of the General Assembly, to require certain food com-modifies to be sold only in the public markets, and the fact that the ordinance in question may have the effect of compelling dealers in such commodities to go into the public markets or else to go out of business does not affect the validity of the ordinance.</p> <p>3. It is competent for the city, under existing laws, to authorize persons to build markets and to collect the revenues thereof for a fixed period in consideration of their conveying the property to the city — such markets to be under the control of the city and to be, in all respects, governed by the regulations applicable to other public markets.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “scènes à faire—stock or standard features that are commonly associated with the treatment of a given subject—are unprotectable”
  • collecting the five elements from Features A, B, and C that the court considered
  • collecting the five elements from Features A, B, and C that the court considered
  • “A plaintiff who cannot satisfy the extrinsic test necessarily cannot prevail on a copyright claim as a matter of law.”
  • “A plaintiff who cannot satisfy the extrinsic test necessarily cannot prevail on a copyright claim as a matter of law.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Monroe

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