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UNITED STATES v. STATE OF TEXAS

Civ. A. No. 76-H-1681.

445 F.Supp. 1245 (1978)

UNITED STATES of America, Plaintiff, v. STATE OF TEXAS, Mark White, Secretary of State of Texas, John Hill, Attorney General of Texas, Waller County, Texas, Leroy Symm, Tax Assessor-Collector of Waller County, Texas, Defendants.

United States District Court, S. D. Texas, Houston Division.

February 16, 1978.

Attorney(s) appearing for the Case

John P. MacCoon, Dept. of Justice, Washington, D. C., Anna E. Stool, Asst. U. S. Atty., Houston, Tex., for United States of America.

David M. Kendall, Jr., First Asst. Atty. Gen. of Texas, Austin, Tex., for State of Texas, Mark White, and John Hill.

Will G. Sears, Michael T. Powell, Sears & Burns, Houston, Tex., for Waller County and Leroy Symm.

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

MEMORANDUM OPINION

Prior Litigation, Legislation and Administrative Action Relating to Voter Rights of Prairie View Students

The case which controls this controversy is Whatley v. Clark, 482 F.2d 1230 (5th Cir. 1973) (hereinafter "Whatley"). That case holds that the statutory presumption of non-residency contained in Article 5.08(k) of the Texas Election Code is unconstitutional. Much of the previous...

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