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McKINLEY v. ABBOTT

No. 10-50568.

643 F.3d 403 (2011)

Donald McKINLEY, D.C.; Christopher Villasana, Plaintiffs-Appellees, v. Greg ABBOTT, as Attorney General of the State of Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 8, 2011.

Attorney(s) appearing for the Case

Michael Andrew Harris , Martyn B. Hill , (argued), Houston, TX, for Plaintiffs-Appellees.

Evan Scott Greene (argued), Angela Veronica Colmenero , Asst. Atty. Gen., Austin, TX, for Defendant-Appellant.

Peter Michael Jung , Dallas, TX, for Amicus Curiae.

Before REAVLEY, GARZA and SOUTHWICK, Circuit Judges.

REAVLEY, Circuit Judge:

Section 38.12 of the Texas Penal Code (the "Barratry Statute") regulates barratry and solicitation of professional employment. Appellees brought suit seeking a declaratory judgment that Texas Penal Code §§ 38.12(d)(2)(A) and 38.12(d)(2)(C) violate the Texas and United States Constitutions. After a bench trial, the district court entered judgment for the Appellees, holding unconstitutional § 38.12(d)(2)(A) as applied to written...

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