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STATE OF TEX. v. KNIGHTS OF KU KLUX KLAN

No. 94-40425.

58 F.3d 1075 (1995)

STATE OF TEXAS and Texas Department of Transportation, by and through the Texas Transportation Commission, Plaintiffs-Appellees, v. KNIGHTS OF the KU KLUX KLAN, James R. Hall, Jr., individually and as a representative of the Knights of the Ku Klux Klan and Michael D. Lowe, individually and as a representative of the Knights of the Ku Klux Klan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 25, 1995.

Attorney(s) appearing for the Case

Anthony P. Griffin, Galveston, TX, for appellants.

Norberto Flores, Sharon M. Schweitzer, Asst. Attys. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellees.

Mark B. Stern, Patricia A. Millett, Asst. U.S. Attys., Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, Amicus Curiae.

Before REAVLEY and EMILIO M. GARZA, Circuit Judges, and PRADO, District Judge.

REAVLEY, Circuit Judge:

The Knights of the Ku Klux Klan, James R. Hall, Jr., and Michael D. Lowe (collectively the "Klan") appeal a summary judgment issued against them and in favor of the State of Texas and the Texas Department of Transportation (collectively the "State"), declaring that the State has no legal obligation to grant the Klan's application to participate in the Texas Adopt-a-Highway Program (the "Program"). We affirm.

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