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UNITED STATES v. STATES OF TEX.

Nos. 81-2196, 81-2310 and 81-2330.

680 F.2d 356 (1982)

UNITED STATES of America, Plaintiff-Appellee, and Mexican American Legal Defense Fund, Lulac and G. I. Forum, Plaintiffs-Intervenors-Appellees, v. STATE of TEXAS, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 12, 1982.

Attorney(s) appearing for the Case

Mark White, Atty. Gen. of Tex., C. Ed Davis, Asst. Atty. Gen., William C. Bednar, Jr., Austin, Tex., for State of Tex.

Kelly Frels, Houston, Tex., for Houston Ind. School Dist.

Susan E. Waite, Houston, Tex., for Legal Foundation of America.

Michael D. Simpson, Washington, D. C., for Nat. Educ. Assoc.

Miriam R. Eisenstein, Walter W. Barnett, Attys., U. S. Dept. of Justice, App. Section, Civil Rights Div., Washington, D. C., for the U. S.

Peter D. Roos, Director, Educ. Litigation, MALDEF, San Francisco, Cal., for MALDEF.

Roger L. Rice, Center for Law & Educ., Inc., Cambridge, Mass., for LULAC and G. I. Forum.

Alan Jay Rom, Boston, Mass., for Deans, et al.

Richard Arnett, Deputy Com'r for Legal Services, Texas Educ. Agency, Austin, Tex., for Tex. Educ. Agency.

Before BROWN, GEE and GARWOOD, Circuit Judges.

GEE, Circuit Judge:

Procedural oddities characterized the trial of this case of great importance and are prominent among the matters assigned as error on appeal. Oral argument and an exhaustive canvass of the vast record have convinced us that the factual underpinnings of the proceedings below were too severely flawed to serve as the basis for the truly momentous decree of the trial court — one that affects the education of every student of limited English...

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