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Lynn Rowell v. Leslie Pettijohn
15-50168
| 5th Cir. | May 25, 2017
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*1 Before DAVIS, BARKSDALE, and DENNIS, Circuit Judges.

PER CURIAM:

In Rowell v. Pettijohn , 816 F.3d 73 (5th Cir. 2016), our court affirmed the dismissal of appellants’ challenge to Texas’ Anti-Surcharge Law, which prohibits merchants from imposing surcharges for credit-card purchases. We held the law did not implicate the First Amendment’s free-speech protections and was not unconstitutionally vague. Id. at 82, 84.

Case: 15-50168 Document: 00514007108 Page: 2 Date Filed: 05/25/2017

No. 15-50168

On 29 March 2017, the Supreme Court, in a similar matter, Expressions Hair Design v. Schneiderman , 137 S. Ct. 1144 (2017), held speech was regulated and remanded to the second circuit. As a result, the Court remanded this matter to our court “for further consideration in light of Expressions Hair Design ”. Rowell v. Pettijohn , No. 15-1455 (U.S. Apr. 3, 2017).

Accordingly, this matter is REMANDED to district court for further proceedings consistent with Expressions Hair Design .

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Case Details

Case Name: Lynn Rowell v. Leslie Pettijohn
Court Name: Court of Appeals for the Fifth Circuit
Date Published: May 25, 2017
Docket Number: 15-50168
Court Abbreviation: 5th Cir.
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