Garcia v. Texas St. Board of Medical Examiners

Full title: GENARO GARCIA ET AL., PLAINTIFFS-APPELLANTS, v. TEXAS STATE BOARD OF…

Court: United States Court of Appeals, Fifth Circuit

Date published: Apr 4, 1974

492 F.2d 131 (5th Cir. 1974)

Opinion

No. 73-2557.

April 4, 1974.

Mario G. Obledo, Sanford, Jay Rosen, Alan B. Exelrod, Michael A. Mendelson, Mexican Am. Legal Defense Educational Fund, San Francisco, Cal., for plaintiffs-appellants.

John L. Hill, Atty. Gen., Melvin E. Corley, Bill Campbell, Asst. Attys. Gen., Austin, Tex., for defendants-appellees.

Appeal from the United States District Court for the Western District of Texas.

Before ALDRICH, Senior Circuit Judge,^_ and BELL and GEE, Circuit Judges.

_ Hon. Bailey Aldrich, Senior Circuit Judge of the First Circuit, sitting by designation.

PER CURIAM:

Concluding as we do that federal questions are present here which are not wholly insubstantial or obviously without merit, Sands v. Wainwright, 491 F.2d 417 (5th Cir. 1973), and the other requisites being present as well, we vacate the judgment of the court below and remand for the convening of and action by a three-judge court.

Vacated and remanded with directions.