Affiliated Capital Corporation, Etc. v. City of Houston, Gulf Coast Cable Television and James J. McConn

ON PETITION FOR REHEARING

Before CLARK, Chief Judge, GEE, RUBIN, GARZA, REAVLEY, POLITZ, TATE, JOHNSON, WILLIAMS, JOLLY, HIGGIN-BOTHAM and DAVIS, Circuit Judges. *

IT IS ORDERED that the petition for rehearing of Gulf Coast Cable Television filed in the above entitled and numbered cause be and the same is hereby DENIED.

I respectfully dissent from the refusal of the en banc court to grant rehearing for the reasons stated in my dissent, plus the following.

In their petition for rehearing, defendant Gulf Coast Cable Television irrefutably points out that the record does not suggest the slightest…