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U.S. v. TEXAS

No. 08-40858.

601 F.3d 354 (2010)

UNITED STATES of America, Plaintiff-Appellee, G.I. Forum and LULAC, Intervenor Plaintiffs-Appellees, v. State of TEXAS, Texas Education Agency, and J.W. Edgar, Commissioner of Education, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 22, 2010.

Attorney(s) appearing for the Case

Teresa Kwong (argued), Dept. of Justice, Civ. Rights Div., Appellate Section, Dennis J. Dimsey, Dept. of Justice, Civ. Rights Div., Javier Guzman, Washington, DC, for U.S.

David G. Hinojosa (argued), Mexican Amer. Legal Defense & Educ. Fund, San Antonio, TX, for GI Forum, Lulac.

James Carlton Todd, Asst. Atty. Gen. (argued), James Byron Eccles, Office of Atty. Gen., Gen. Lit. Div., Austin, TX, for State of Tex., Tex. Educ. Agency, J.W. Edgar.

Before KING, GARWOOD and DAVIS, Circuit Judges.

GARWOOD, Circuit Judge.

Defendants-appellants, the State of Texas, the Texas Education Agency (TEA), and the Texas Commissioner of Education (collectively, defendants), appeal the district court's finding that defendants denied students with limited-English proficiency (LEP students) equal educational opportunities in Texas public schools, thereby violating the court's longstanding injunctive order (the Modified Order) and...

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