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583 F.2d 212

Docket No. 75-2605.

Lipscomb v. Wise

Fifth Circuit Court of Appeals

Decided Nov. 6, 1978.

Fifth Circuit Court of Appeals · decided 1978-11-06

2 counsel of record

Relies on Wise v. Lipscomb

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1978-11-06

How this case has been cited

Cited by 7 later decisions — most recently March 1990

4 federal appellate ·

40197819801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Sylvia M. Demarest, Dallas Legal Services Foundation, Inc., Dallas, Tex., Edward B. Cloutman, III, James A. Johnston, Walter L. Irvin, George Solares, Frank P. Hernandez, Dallas, Tex., for A. B. Callejo, et al.

¶2Lee E. Holt, City Atty., Joseph G. Wer-ner, Lois Bacon, Dallas, Tex., for defendants-appellees.

¶3On Remand from the Supreme Court of the United States.

¶4Before TUTTLE, GOLDBERG and CLARK, Circuit Judges.

¶5PER CURIAM:

¶6The judgment of this Court, based on our conclusion that the Dallas city council reapportionment plan was a court-devised, rather than a “legislative” plan, has been reversed by the Supreme Court, Wise v. Lip*213scomb, - U.S. -, 98 S.Ct. 2493, 57 L.Ed.2d 411 (1978). In its order of remand, the Court stated “the impact of the Voting Rights Act on the city ordinance and on the Charter amendment approved by referendum will be open on remand, and we deem it appropriate for the Court of Appeals to deal with these questions.”

¶7This Court invited counsel for the respective parties to file briefs “touching on these questions.” By their several responses, the parties have consented to the entry of an order of this Court to the effect “that this requirement of Section 5 of the Voting Rights Act did apply to the legislative enactments of the City of Dallas; that the issue of preclearance is not rendered moot by the city’s resolving to seek a declaratory judgment under Section 5; and that this matter should be remanded to the district court for any further relief necessary, including but not limited to the issue of appellants’ attorneys fees and costs.”

¶8IT IS SO ORDERED.

¶9The case is REMANDED to the district court for further proceedings not inconsistent with the opinion of the Supreme Court and of this Order.

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