MABRY v. DAVIS

Civ. A. No. 3395.

232 F.Supp. 930 (1964)

James R. MABRY, David M. Sneary, et al., Plaintiffs, v. Charles G. DAVIS, Assessor-Collector of Taxes, Bexar County, Texas, Waggoner Carr, Attorney General of Texas, and Calvin Galm and Mrs. Eugene Irvin, Election Judges for Precincts 86 and 135, respectively, Bexar County, Texas, for the 1964 General Election, Defendants.

United States District Court W. D. Texas, San Antonio Division.

August 26, 1964.


Attorney(s) appearing for the Case

Maverick, Tynan & Gochman, Arthur M. Gochman, San Antonio, Tex., for plaintiffs.

James E. Barlow, Criminal Dist. Atty. of Bexar County, Tex., Preston H. Dial, Asst. Criminal Dist. Atty., San Antonio, Tex., for defendants Charles G. Davis, Calvin Galm and Mrs. Eugene Irvin.

Waggoner Carr, Atty. Gen. of Texas, Mary K. Wall, Asst. Atty. Gen., Austin, Tex., for defendant Waggoner Carr.

Before BROWN, Circuit Judge, SPEARS, Chief Judge, and THORNBERRY, District Judge.


SPEARS, Chief Judge.

The question in this case is whether or not Article 6, Section 2, of the Constitution of Texas, Vernon's Ann. St., and Article 5.02, Vernon's Annotated Texas Statutes Election Code, insofar as they wholly deny the right to vote in Texas to members of the armed forces residing in this state who enter military service from other states, violate the equal protection clause of the Fourteenth Amendment to the Constitution of the United States. We hold...

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