LULAC v. STATE OF TEX.

No. 96-50714.

113 F.3d 53 (1997)

LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC) OF TEXAS, Plaintiff-Appellant, v. STATE OF TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 27, 1997.


Attorney(s) appearing for the Case

Jose Garza, Austin, TX, for Plaintiff-Appellant.

Stuart W. Bowen, Jr., Austin, TX, for Defendant-Appellee.

Louis Emmanuel Peraertz, David Kevin Flynn, U.S. Department of Justice, Appellate Section, Civil Rights Division, Washington, DC, for United States of America, Amicus Curiae.

Before DAVIS, STEWART and PARKER, Circuit Judges.


PER CURIAM:

The sole issue on appeal is whether the single-judge district court erred in determining that LULAC's claim under § 5 of the Voting Rights Act of 1965, 42 U.S.C. § 1973c (1994), is "wholly insubstantial" and, thus, undeserving of the attention of a three-judge court. Because we conclude that neither the legal nor the factual aspects of LULAC's claim is wholly insubstantial, we reverse and remand for the convening of a three-judge court.

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