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PETTEWAY v. HENRY

No. 12-40856.

738 F.3d 132 (2013)

The Honorable Terry PETTEWAY; The Honorable Derrec Rose; The Honorable Michae Montez; The Honorable Penny Pope; The Honorable Sonny James; The Honorable Stephe Holmes; The Honorable Patric Doyle; Roosevelt Henderson, Plaintiffs-Appellees v. The Honorable Mark HENRY; Galveston County, Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 17, 2013.

Attorney(s) appearing for the Case

Chad Wilson Dunn (argued), Esq. , Houston, TX, Neil G. Baron , Dickinson, TX, Melissa Castro Killen , Kaufman & Killen, Incorporated, Jose Garza (argued), San Antonio, TX, for Plaintiffs-Appellees.

Joseph M. Nixon (argued), Noel Terry Adams, Jr. , John Koetting Broussard, Jr. , Kelly Hunsaker Leonard , Beirne, Maynard & Parsons, L.L.P., Houston, TX, James Edwin Trainor, III , Beime, Maynard & Parsons, L.L.P., Austin, TX, for Defendants-Appellants.

Before JOLLY, DeMOSS, and SOUTHWICK, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal presents only the question of whether the Plaintiffs are prevailing parties in a voting rights case, entitling them to attorney's fees. The underlying case arises from a dispute between the Plaintiffs — seven elected officials and one citizen of Galveston County, Texas — and Galveston County,1 challenging the County's redistricting following the 2010 census, on grounds that the County...

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