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ZAPATA v. SMITH

No. 28456.

437 F.2d 1024 (1971)

Jose L. ZAPATA et al., Plaintiffs-Appellants, v. Preston SMITH, Governor of the State of Texas, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 2, 1971.

Attorney(s) appearing for the Case

Pete Tijerina, Mario G. Obledo, Alan Exelrod, San Antonio, Tex., Mike Gonsalez, Del Rio, Tex., for plaintiffs-appellants.

Crawford C. Martin, Atty. Gen. of Tex., Nola White, First Asst. Atty. Gen., Pat Bailey, Executive Asst. Atty. Gen., Robert C. Flowers, Monroe Clayton, Asst. Attys. Gen., Austin, Tex., William D. Ruckelshaus, Asst. Atty. Gen., Seagal V. Wheatley, U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., Robert V. Zener, Raymond D. Battocchi, Attys., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before WISDOM, GOLDBERG, and INGRAHAM, Circuit Judges.

GOLDBERG, Circuit Judge:

Though we are asked to engage in the esoterics of constitutional and statutory construction, we find it unnecessary because our decision here can be rested on more mundane grounds.

Plaintiffs brought this suit against the Governor of Texas and the Director of the Office of Economic Opportunity, alleging that they had been illegally and unconstitutionally removed from participation in the Val Verde County VISTA project. Suing under...

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