# Lesage v. State of Texas

> Court of Appeals for the Fifth Circuit · November 2, 1998 · 158 F.3d 213

URL: https://www.frixlaw.com/law-library/cases/9413858

## Case

- **Full name:** Francois Daniel LESAGE, Plaintiff-Appellant, v. STATE OF TEXAS; University of Texas System; Bernard Rapoport; Thomas O. Hicks; Martha Smiley; Linnet Deily; Donald Evans; Zan Holmes, Jr.; Lowell Lebermann; Tom Loeffler; Ellen Clarke Temple; University of Texas at Austin; Robert Berdahl; College of Education; Manuel Justiz, Dean of the College of Education, in His Official Capacity; Frank Wicker, Director of Admissions, in His Official Capacity; William Cunningham, Chancellor, Chancellor of the University of Texas System in His Official Capacity, Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** November 2, 1998
- **Citations:** 158 F.3d 213
- **Precedential status:** Published
- **Opinion:** Concurrence by Reavley
- **Judges:** Reavley, Demoss, Parker
- **Cited by:** 2 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/9413858

## How later opinions describe it (automated extraction)

- reversing summary judgment because of testimonial conflict over when race factored into admission process

## Opinion text

*223 REAVLEY, Circuit Judge, specially
concurring:
This court’s writing in Hopwood, upon which the instant judgment is reversed, was inconsistent with the judgment of the Supreme Court in Regents of the University of California v. Bakke, 438 U.S. 265 , 98 S.Ct. 2733 , 57 L.Ed.2d 750 (1978) and was unnecessary to the holding or judgment of the Hopwood court. This circuit court, however, considers that Hopwood writing to be binding law. I concur here in the judgment only.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9413858. Public record. Not legal advice.