No. 97-50454.

158 F.3d 213 (1998)

Francois Daniel LESAGE, Plaintiff-Appellant, v. STATE OF TEXAS; University of Texas System; Bernard Rapoport; Thomas O. Hicks; Martha Smiley; Linnet Deily; Donald Evans; Zan Holmes, Jr.; Lowell Lebermann; Tom Loeffler; Ellen Clarke Temple; University of Texas at Austin; Robert Berdahl; College of Education; Manuel Justiz, Dean of the College of Education, in his official capacity; Frank Wicker, Director of Admissions, in his official capacity; William Cunningham, Chancellor, Chancellor of the University of Texas System in his official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 13, 1998.

Attorney(s) appearing for the Case

Steven Wayne Smith, Austin, TX, for Plaintiff-Appellant.

Christopher Norman Johnsen, Austin, TX, for Defendants-Appellees.

Linda Frances Thome, Jessica Dunsay Silver, U.S. Dept. of Justice, Appellate Section, Civil Rights Div., Washington, DC, for Intervenor.

Before REAVLEY, DeMOSS and PARKER, Circuit Judges.

DeMOSS, Circuit Judge:

Francois Daniel Lesage applied to enroll in a doctoral program in counseling psychology at The University of Texas at Austin. Midway through the University's process of accepting applicants to that program, our Court handed down its opinion in Hopwood v. Texas, 78 F.3d 932 (5th Cir.), cert. denied, 518 U.S. 1033, 116 S.Ct. 2581, 135 L.Ed.2d 1095 (1996).

Lesage, an African immigrant of Caucasian...

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