# Howard Gault Co. v. Texas Rural Legal Aid, Inc.

> Court of Appeals for the Fifth Circuit · June 30, 1988 · 848 F.2d 544

URL: https://www.frixlaw.com/law-library/cases/8960213

## Case

- **Full name:** HOWARD GAULT CO., Texas Citrus and Vegetable Association, formerly "Texas Citrus & Vegetable Growers and Shippers, Inc.", Plaintiffs-Counter v. TEXAS RURAL LEGAL AID, INC., Jesus Moya, Defendant-Counter Cross-Appellant TEXAS FARM WORKERS UNION, Delia Gamez-Prince v. Joe BROWN, (successor in office to Travis McPherson), Cross-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** June 30, 1988
- **Citations:** 848 F.2d 544; 1988 WL 59617
- **Precedential status:** Published
- **Opinion:** Concurrence by Higginbotham
- **Judges:** Brown, Higginbotham, Rubin
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8960213

## Opinion text

PATRICK E. HIGGINBOTHAM,
Circuit Judge, specially concurring:
I concur with one caveat. This case came to the court below and here as a bag of confusing, broadly gauged arguments. This is particularly distressing because this substantive area demands surgical precision. The district court and Judge Brown have done an admirable job of presenting the confusing arguments in a coherent fashion. But I do not want the creation of this silk purse to mislead. Our treatment of standing, state action, and overbreadth respond to a unique set of facts, and one that has developed with the surrealistic sense that the two-hatted lawyers who obtained enforcement here have revived an earlier practice of using state court injunctions to bust unions. Because we do not retreat even a step from our insistence on standing, state action or substantial over-breadth, I join.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8960213. Public record. Not legal advice.