GONZALES V. CASSIDY
474 F.2d 67 (5th Cir. 1973)
NATURE OF THE CASE: This was a dispute over a class action.
FACTS: Gaytan filed a class action suit against Clifton Cassidy (D) the chairman of the
Texas Department of Public Safety seeking declaratory relief and in injunction that the
Texas Responsibility Act was unconstitutional. Gaytan's driving license and registration
receipt on his vehicle was suspended after an accident because Gaytan did not post a
security bond for damages claimed by an adverse party. Gaytan eventually got full relief but
did not appeal the court's order for the denial of retroactive relief to the other members
of the class. Gonzales (P) filed a class action suit against D seeking the same relief as
Gaytan; this suit was filed on June 24, 1970 before the Gaytan case was heard on remand. The
Gaytan case was heard on remand on June 30, 1971. On July 1, 1971, the Gonzales court issued
a TRO in favor of Gonzales prohibiting suspension of licenses etc. On August 19, 1971 the
Gaytan court entered its amended and final order. On August 25, 1971 the Gonzales court
ordered a show cause hearing regarding the permanency of its TRO. The Gonzales court held
the Gaytan matter as res judicata. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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