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ROMERO v. COLDWELL

No. 71-1414.

455 F.2d 1163 (1972)

Jose ROMERO et al., Plaintiffs-Appellants, v. Colbert COLDWELL et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 8, 1972.

Attorney(s) appearing for the Case

Woodrow W. Bean, El Paso, Tex., Mario Obledo, Michael Mendelson, Alan Exelrod, San Francisco, Cal., for plaintiffs-appellants.

Crawford C. Martin, Atty. Gen. of Texas, Austin, Tex., George N. Rodriguez, Jr., County Atty., Ronald D. Coleman, Asst. County Atty., El Paso, Tex., Enrique H. Pena, County Atty., for defendants-appellees.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

The appellants sought by class action in the United States District Court a determination of whether the one-man, one-vote concept applies to elected justices of the peace in El Paso County, Texas. The court dismissed the petition on the ground that Avery v. Midland County, 390 U.S. 474, 88 S.Ct. 1114, 20 L.Ed.2d 45 (1968), had no application, and plaintiffs appealed.1 The Supreme...

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