BEARE v. SMITH

Civ. A. No. 70-C-42.

321 F.Supp. 1100 (1971)

Jimmy F. BEARE, Linda W. Colvin, Erasmo T. Saeng and Raymundo Martinez, Plaintiffs, v. Preston SMITH, as Governor of the State of Texas, Martin Dies, Secretary of the State of Texas, and Richard D. Magee, as Voting Registrar of Nueces County, Texas, Defendants.

United States District Court, S. D. Texas, Corpus Christi Division.

January 7, 1971.


Attorney(s) appearing for the Case

Yancey White, Allison, Maddin, White & Brin, Corpus Christi, Tex., Edwards & DeAnda, Corpus Christi, Tex., for plaintiffs.

W. O. Shultz, Asst. Atty. Gen., James McCoy, Asst. Atty. Gen., Austin, Tex., Franklin L. Smith, County Atty., Nueces County, C. Edwin Prichard, Corpus Christi, Tex., for defendants.

Before INGRAHAM, Circuit Judge, SINGLETON and SEALS, District Judges.


SINGLETON, District Judge.

For many years prior to the decision in United States v. Texas, 252 F.Supp. 234 (W.D.Tex.1966), aff'd, 384 U.S. 155, 86 S.Ct. 1383, 16 L.Ed.2d 434 (1966), Texas required its residents to pay an annual poll tax as a prerequisite to their voting in Texas elections. In the wake of that decision declaring the poll tax to be constitutionally impermissible, the legislature of...

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