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CALDERON v. McGEE

No. 76-2264.

589 F.2d 909 (1979)

Ernest CALDERON et al., Plaintiffs-Appellants, v. D. Kenneth McGEE et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 16, 1979.

Attorney(s) appearing for the Case

Linda Hanten, Vilma S. Martinez, Joaquin G. Avila, Mexican American Legal Defense & Ed. Fund, San Francisco, Cal., for plaintiffs-appellants.

Robert J. Reinstein, Jessica D. Silver, Attys., Dept. of Justice, Washington, D.C., for the U.S., amicus curiae.

Minor L. Helm, Jr., Nina B. Eldridge, Waco, Tex., for defendants-appellees.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion 11-14-78, 5 Cir., 1978, 584 F.2d 66).

PER CURIAM:

The petition for rehearing is granted. That portion of our opinion holding that the election plan before us had been precleared under section 5 of the Voting Rights Act, 42 U.S.C.A. § 1973c, is vacated. We remand the case to the district court for further proceedings consistent with the following...

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