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BIRD v. ROTHSTEIN

No. 96-0910.

930 S.W.2d 586 (1996)

Phil BIRD, Democratic Nominee for State Representative, District 108, Dallas County, Texas, Relator, v. Bruce ROTHSTEIN, Chairman, District 108 Executive Nominating Committee of the Democratic Party; and Antonio O. Garza, Jr., Secretary of State for the State of Texas, Respondents.

Supreme Court of Texas.

October 2, 1996.

Attorney(s) appearing for the Case

W. Michael Bonesio, Dallas, for Relator.

Bob Driegert, Charles W. Sartain, Dallas, Carolyn Galloway, University Park, Antonio O. Garza, Jr., Dan Morales, Christine Guerra Edwards, Thomas W. Pauken, Austin, Bruce Rothstein, Dallas, for Respondents.

SPECTOR, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, GONZALEZ, HECHT, ENOCH, BAKER and ABBOTT, Justices, join.

In this original proceeding, Phil Bird seeks mandamus relief to require that his name be placed on the ballot as the Democratic nominee for state representative in House District 108. The issue is whether Bird is entitled to relief in light of our recent opinion in Davis v. Taylor, 930 S.W.2d 581...

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