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GRAY v. SANDERS

No. 112.

372 U.S. 368 (1963)

83 S.Ct. 801

9 L.Ed.2d 821

GRAY, CHAIRMAN OF THE GEORGIA STATE DEMOCRATIC EXECUTIVE COMMITTEE, ET AL. v. SANDERS.

Supreme Court of United States.

Decided March 18, 1963.

Attorney(s) appearing for the Case

B. D. Murphy and E. Freeman Leverett, Deputy Assistant Attorneys General of Georgia, argued the cause for appellants. With them on the brief were Eugene Cook, Attorney General, and Lamar W. Sizemore.

Morris B. Abram argued the cause for appellee. With him on the brief were Herman Heyman and Robert E. Hicks.

Attorney General Kennedy, by special leave of Court, argued the cause for the United States, as amicus curiae, urging affirmance. On the brief were Solicitor General Cox, Assistant Attorney General Marshall, Bruce J. Terris, Harold H. Greene, David Rubin and Howard A. Glickstein.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

I.

This suit was instituted by appellee, who is qualified to vote in primary and general elections in Fulton County, Georgia, to restrain appellants from using Georgia's county unit system as a basis for counting votes in a Democratic primary for the nomination of a United States Senator and statewide officers, and for declaratory relief. Appellants are the Chairman and Secretary of the Georgia State...

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