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Texas Division Sons of Confederate Veterans, Inc. v. Vandergriff

United States Court of Appeals, Fifth Circuit

July 28, 2015

TEXAS DIVISION, SONS OF CONFEDERATE VETERANS, INCORPORATED, a Texas Corporation; GRANVEL J. BLOCK, Individually; RAY W. JAMES, Individually, Plaintiffs-Appellants
v.
VICTOR T. VANDERGRIFF, In His Official Capacity as Chairman of the Board; CLIFFORD BUTLER, In His Official Capacity as a Member of the Board; RAYMOND PALACIOS, JR., In His Official Capacity as a Member of the Board; LAURA RYAN, In Her Official Capacity as a Member of the Board; VICTOR RODRIGUEZ, In His Official Capacity as a Member of the Board; MARVIN RUSH, in his official capacity as a Member of the Board; JOHN WALKER, III, In His Official Capacity as a Member of the Board; BLAKE INGRAM, In His Official Capacity as a Member of the Board, Defendants-Appellees

Appeals fro the United States District Court for the Western District of Texas.

For TEXAS DIVISION, SONS OF CONFEDERATE VETERANS, INCORPORATED, a Texas Corporation, GRANVEL J. BLOCK, Individually, RAY W. JAMES, Individually, Plaintiffs - Appellants: Roger James George Jr., John Robert McConnell, Trial Attorney, George Brothers Kincaid & Horton, L.L.P., Austin, TX.

For VICTOR T. VANDERGRIFF, In His Official Capacity as Chairman of the Board, CLIFFORD BUTLER, In His Official Capacity as a Member of the Board, RAYMOND PALACIOS, JR., In His Official Capacity as a Member of the Board, LAURA RYAN, In Her Official Capacity as a Member of the Board, VICTOR RODRIGUEZ, In His Official Capacity as a Member of the Board, MARVIN RUSH, in his official capacity as a Member of the Board, JOHN WALKER, III, In His Official Capacity as a Member of the Board, BLAKE INGRAM, In His Official Capacity as a Member of the Board, Defendants - Appellees: Scott A. Keller, Solicitor, Office of the Solicitor General for the State of Texas, Austin, TX; Erika M. Kane, Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX.

Before SMITH, PRADO, and ELROD, Circuit Judges.

OPINION

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

We are confronted with this case on remand from the Supreme Court. The Court reversed the judgment of a majority of this panel. See Walker v. Tex. Div., Sons of Confederate Veterans, Inc., 135 S.Ct. 2239, 192 L.Ed.2d 274 (2015). Accordingly, we now AFFIRM the district court's judgment for the reasons outlined in the Supreme Court's opinion.


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