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Judge's reason for canceling hearing is a gas

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May 19, 2008

SAN ANTONIO—Gas prices seem to be affecting everyone's wheels -- even the wheels of justice. A hearing that had been scheduled for Monday in a lawsuit over Texas' presidential primary and caucus system was canceled by a federal judge who mentioned high gasoline prices as one reason for his order.

U.S. District Judge Fred Biery noted in Friday's order that the state of Texas and the state Democratic Party had recently filed documents in the case, and that the plaintiffs would presumably want to respond to them.

Biery wrote that he would need time to review the "already voluminous" documents, and that there was no need for a hearing.

"Moreover, numerous gallons of $4.00 a gallon gasoline would be expended for a significant number of persons to appear with the result being an oral presentation of the already written arguments," Biery wrote.

The League of United Latin American Citizens of Texas, the Mexican American Bar Association of Houston and others sued the state and the Democratic Party earlier this month, contending the complicated system used in the March 4 primary election unfairly diluted Latino votes.

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