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WHATLEY v. CLARK

No. 73-1057.

482 F.2d 1230 (1973)

Marilyn WHATLEY and Carol Gerber, Plaintiffs-Appellees, v. T. J. CLARK, etc., et al., Defendants-Appellants, Emma Maria Garza et al., Intervenors.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 29, 1973.

Attorney(s) appearing for the Case

Sam L. Jones, Jr., Asst. Atty. Gen. of Texas, Austin, Tex., for the State.

John E. Lawhon, County Atty., Denton, Tex., for Lasater.

Norris W. Yates, Jr., Asst. Dist. Atty., San Antonio, Tex., for Davis.

Tom P. Senff, Nacogdoches, Tex., for Clark.

James A. Brady, Doren R. Eskew, Austin, Tex., amicus curiae.

David R. Richards, Austin, Tex., William H. Kugle, Jr., Athens, Tex., for plaintiffs-appellees.

Frank T. Ivy, Austin, Tex., for intervenors.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.

THORNBERRY, Circuit Judge:

A Texas statute provides that "a student in a school, college, or university" shall not be considered to have acquired a voting residence at the place where he lives while attending school "unless he intends to remain there and to make that place his home indefinitely after he ceases to be a student." Tex.Election Code art. 5.08(k), V.A.T.S.1 Whether this provision infringes rights guaranteed by the Equal Protection...

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