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STATE OF TEXAS v. TABASCO CONSOL. INDEPENDENT SCHOOL DIST.

No. 10802.

142 F.2d 58 (1944)

STATE OF TEXAS et al. v. TABASCO CONSOL. INDEPENDENT SCHOOL DIST.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 25, 1944.

Attorney(s) appearing for the Case

Gerald C. Mann, of Dallas, Tex., and Geo. W. Barcus and Gaynor Kendall, both of Austin, Tex., for appellants.

Chas. E. Thompson, of McAllen, Tex., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

PER CURIAM.

This proceeding to compose the indebtedness of appellee produced a plan agreed to by 92% of the indebtedness, but objected to by 8% owned by the Permanent School Fund of the State of Texas. It was confirmed by the District Court. On appeal this court found nothing wrong with the plan except that the Permanent School Fund was to get settlement in cash while others in the same class were to get 4% bonds, which was held to be a discrimination. The opinion...

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