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UNITED LATIN AMERICAN CITIZENS v. CITY OF BOERNE

Nos. 10-50290, 10-50416.

659 F.3d 421 (2011)

LEAGUE OF UNITED LATIN AMERICAN CITIZENS, DISTRICT 19, Plaintiff-Appellee, v. CITY OF BOERNE; Patrick R. Heath, Mayor; R.L. Bien; Donald L. Gourley; Ann Reissig; Ben Stafford; Randy Bedwell, all in their official capacities as members of the City Council for the City of Boerne, Kendall County, Texas, Defendants-Appellees, Michael R. Morton, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 28, 2011.

Attorney(s) appearing for the Case

Christian J. Ward , Ryan Bates , Gregory Scott Coleman , Sr. Atty., Richard Bernard Farrer , Kevin James Terrazas (argued), Yetter Coleman, L.L.P., Austin, TX, Gerald Dale McFarlen , Law Office of Gerald D. McFarlen, P.C., Boerne, TX, for Movant-Appellant.

Jose Garza (argued), San Antonio, TX, for Plaintiff-Appellee.

William Michael McKamie (argued), Bradford Eugene Bulock , McKamie Krueger, L.L.P., San Antonio, TX, Claude Robert Heath , Bickerstaff, Health, Delgado & Acosta, L.L.P., Austin, TX, for Defendants-Appellees.

Before BARKSDALE, DENNIS, and HAYNES, Circuit Judges.

DENNIS, Circuit Judge:

The appellant, Michael R. Morton, seeks to intervene in a suit under the Voting Rights Act that was originally filed in 1996 by the League of United Latin American Citizens, District 19 ("LULAC"), against the city of Boerne, Texas. LULAC and the city reached a settlement agreement in 1996, and the district court entered a consent decree which provided that city council members would thereafter be elected through at-large elections with cumulative...

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