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WESBERRY v. VANDIVER

Civ. A. No. 7889.

206 F.Supp. 276 (1962)

James P. WESBERRY, Jr., and Candler Crim, Jr., Plaintiffs, v. S. Ernest VANDIVER, as Governor of the State of Georgia, and Ben W. Fortson, Jr., as Secretary of the State of Georgia, Defendants.

United States District Court N. D. Georgia, Atlanta Division.

June 20, 1962.

Attorney(s) appearing for the Case

Scott, Scroggins & Cash (Frank T. Cash) Atlanta, Ga., for plaintiffs.

Eugene Cook, Atty. Gen. of Georgia and Paul Rodgers, Asst. Atty. Gen. of Georgia, Atlanta, Ga., for defendants.

Before TUTTLE and BELL, Circuit Judges, and MORGAN, District Judge.

GRIFFIN B. BELL, Circuit Judge.

This is the third in a series of suits filed in this court immediately following the decision of the Supreme Court in Baker v. Carr, 1962, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663. In Sanders v. Gray, N.D.Ga., 1962, 203 F.Supp. 158,1 we struck down the Georgia County Unit System of primary elections in the form in which it then existed...

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