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SAMNORWOOD INDEPENDENT SCHOOL DIST. v. TEXAS EDUC.

No. 06-41347.

533 F.3d 258 (2008)

SAMNORWOOD INDEPENDENT SCHOOL DISTRICT; Harrold Independent School District, Movants-Appellants, v. TEXAS EDUCATION AGENCY; State of Texas, Defendants-Appellees, G.I. Forum; League of United Latin American Citizens, Intervenor Plaintiffs-Appellees.

United States Court of Appeals, Fifth Circuit.

June 24, 2008.

Attorney(s) appearing for the Case

William C. Bednar, Jr. (argued), Law Office of William C. Bednar, Austin, TX, for Movants-Appellants.

David G. Hinojosa (argued), Nina Perales, Mexican Am. Legal Defense & Educational Fund, San Antonio, TX, for Intervenor Plaintiffs-Appellees.

James C. Todd, Asst. Atty. Gen. (argued), Austin, TX, Dona Hamilton Cornell, Housten, TX, for Defendants-Appellees.

Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.

GARWOOD, Circuit Judge:

This case involves two independent school districts located in the Texas panhandle challenging whether a some thirty-six-year-old federal court desegregation order can properly be applied to them when they were not a party to the suit when the order was entered and have never been found to have discriminated against students since they voluntarily and completely desegregated in the 1960s.

Because we believe that the application of the...

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