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

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.…