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GAMZA v. AGUIRRE

No. 78-3041.

619 F.2d 449 (1980)

Marvin GAMZA et al., Plaintiffs-Appellees, v. Arturo R. AGUIRRE, Defendant-Appellant, Harold Wiggs, President of the Board of Trustees of the El Paso Independent School District, Defendant, Bruce Faulkner, Director of the El Paso County Election Commission, and T. Udell Moore, County Judge of El Paso County, Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 19, 1980.

Attorney(s) appearing for the Case

George N. Rodriguez, Jr., County Atty., Craig A. Patton, El Paso, Tex., for Moore.

Arturo R. Aguirre, pro se.

Raymond C. Caballero, El Paso, Tex., for defendant-appellant.

Malcolm McGregor, Harry Tom Peterson, El Paso, Tex., for plaintiffs-appellees.

Before DYER, RUBIN and POLITZ, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A candidate for the school board of a Texas independent school district and four of his supporters contend they are entitled to relief in federal court under section 1983 because the election votes were improperly counted and, as a result, the candidate's opponent was improperly declared to be the winner. The district judge concluded both that he had jurisdiction over the action and that the candidate seeking federal relief had been...

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