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Fifth Circuit· 1/13/1994

Cooper v. McBeath

Citations

  • 11 F.3d 547
  • 1994 WL 366

How courts have described this case

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

  • noting that more recent Twenty-first Amendment jurisprudence has confirmed that section 2 does not grant the states plenary authority to regulate alcohol
  • holding Texas statute imposing residence requirement on applicant for permit to sell alcohol violated Commerce Clause
  • noting that the repeal of objectionable language in a statute does not preclude a defendant from reenacting precisely the same provision at a later time if the challenge to the objectionable language is held to be moot
  • referring to state’s citation to Code section setting forth purpose as “boilerplate enabling language [which] hardly explains the State’s particular restrictions on out-of-state ownership of various liquor licenses”
  • a statutory barrier against nonresidents for mixed beverage permits was not shielded by the Twenty-first Amendment
  • “The court’s focus must be on the effect upon the litigation and prejudice to the resisting party rather than . . . on the moving party’s excuses for an erroneous admission.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garza, Jones, Reynaldo

Read full opinion on CourtListener

Cited by

50 cases in this archive cite this case; the 20 most cited are listed.

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Cooper v. McBeath

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.