United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 15, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 01-41409 _____________________ COLLIN COUNTY GUN RANGE LLC Plaintiff-Appellant, versus CITY OF MCKINNEY, A Texas Home Rule City; DON DOZIER, in his official capacity; WILLIE J. WATTLEY, in his official capacity; BRAD WYSONG, in his official capacity; THAD HELSLEY, in his official capacity; BILL WHITFIELD, in his official capacity; JULIE VARGO, in her official capacity; STEVE BELL, in his official capacity Defendants-Appellees. _________________________________________________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:01-CV-19 _________________________________________________________________ Before GARWOOD, JOLLY, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:* AFFIRMED. See 5th Cir. R. 47.6. Appellee’s motion for damages and related relief under Fed. R. App. P. 38 is denied.

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.