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VALDESPINO v. ALAMO HEIGHTS INDEPENDENT SCHOOL DIST.

No. 98-50227.

168 F.3d 848 (1999)

Robert VALDESPINO; Brenda Rolon, Plaintiffs-Appellants, v. ALAMO HEIGHTS INDEPENDENT SCHOOL DISTRICT; Ethyl Wayne; In her official capacity as a member of the Board of Trustees of the Alamo Heights Independant School District, San Antonio, Texas, Harry Orem, In his official capacity as a member of the Board of Trustees of the Alamo Heights Independent School District, San Antonio, Texas; Stephen P. Allison; In his official capacity as a member of the Board of Trustees of the Alamo Heights Independent School District, San Antonio, Texas; Anne Ballantyne, In her official capacity as a member of the Board of Trustees of the Alamo Heights Independent School District, San Antonio, Texas; Thomas A. Kingman, Dr., In his official capacity as a member of the Board of Trustees of the Alamo Heights Independent School District, San Antonio, Texas; Terri Musselman, In her official capacity as a member of the Board of Trustees of the Alamo Heights Independent School District, San Antonio, Texas; Vicki Summers, In her official capacity as a member of the Board of Trustees of the Alamo Heights Independant School District, San Antonio, Texas, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 11, 1999.

Attorney(s) appearing for the Case

Jose Garza, Edinburg, TX, Mark Stanton Smith, Heard & Smith, Judith A. Sanders-Castro, Les Mendelsohn & Associates, San Antonio, TX, for Plaintiffs-Appellants.

C. Robert Heath, Amy Wellington Flinn, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Austin, TX, for Defendants-Appellees.

Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The panel hereby withdraws its previous opinion and substitutes the following.

Plaintiffs-Appellants claim that the at-large, by-place, majority-vote elections for positions on the AHISD board of trustees dilute their votes as Hispanics in violation of Section 2 of the Voting Rights Act of 1965. See 42 U.S.C. § 1973 (1994) (as amended). The district court found that the Plaintiffs failed to make out a vote dilution...

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