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ENCORE VIDEOS, INC., Plaintiff-Appellant, v. CITY OF SAN ANTONIO, Defendant-Appellee.

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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ENCORE VIDEOS, INC. v. CITY OF SAN ANTONIO
(Dec 4, 2003)