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CAMPOS v. CITY OF HOUSTON

No. 91-6100.

968 F.2d 446 (1992)

Jesse CAMPOS, W.R. (Resendez) Morris, and Mexican American Bar Association of Houston, Plaintiffs-Appellants, v. CITY OF HOUSTON, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 31, 1992.

Attorney(s) appearing for the Case

Frumencio Reyes, Jr., Reyes & Reyes-Castillo, P.C., Frank Alvarez, Jr., Houston, Tex., Judith A. Sanders-Castro, San Antonio, Tex., for plaintiffs-appellants.

Miriam R. Eisenstein, David K. Flynn, Attys., Dept. of Justice, Washington, D.C., for amicus-U.S.

C. Robert Heath, Steve Bickerstaff, Sydney W. Falk, Jr., Myra A. McDaniel, Bickerstaff, Heath & Smiley, Austin, Tex., for City of Houston.

Michael J. Zomcik, Bonham, Carrington & Fox, Houston, Tex., for amicus-Clymer Wright.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

PER CURIAM:

On our own motion, we withdraw our prior opinion reported at 960 F.2d 26, and substitute the following:

The district court required that the November 1991 Houston City Council election be conducted under a reapportionment plan objected to by the Attorney General of the United States. Because we find that the district court abused its discretion, we VACATE the judgment of the district court and REMAND the case for such further proceedings, if any...

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