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PARTIDA v. CASTANEDA

No. 74-3966.

524 F.2d 481 (1975)

Rodrigo PARTIDA, Petitioner-Appellant, v. Claudio CASTANEDA, Sheriff, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 28, 1976.

Attorney(s) appearing for the Case

David G. Hall, San Juan, Tex., Melvin L. Wulf, New York City, for petitioner-appellant.

Thomas P. Beery, Oscar B. McInnis, Asst. Dist. Attys., Edinburg, Tex., Hidalgo County, for respondent-appellee.

Before GODBOLD, DYER and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 28, 1976.

DYER, Circuit Judge:

Partida seeks habeas corpus relief contending that he was denied due process and equal protection of law because the grand jury of Hidalgo County, Texas, which indicted him, was unconstitutionally underrepresented by Mexican-Americans. The district court held that Partida had established a prima facie case of discrimination against Mexican-Americans in the grand jury selection...

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