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REED v. MANN

Civ. A. No. 9185.

237 F.Supp. 22 (1964)

James R. REED, Ross V. Messer, Sr., Mrs. John R. Stuckman, Mrs. Thomas I. Thrasher and Dr. Lewis M. Mashburn, Plaintiffs, v. Katherine E. MANN, As Ordinary of DeKalb County, James O. Almand, Sr., Bernard Blackwell and Ben W. Fortson, Jr., Secretary of State of the State of Georgia, Defendants.

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

December 30, 1964.

Attorney(s) appearing for the Case

Peek, Whaley & Blackburn, Atlanta, Ga., for plaintiffs.

Herbert O. Edwards, Robert E. Mozley, and George P. Dillard, Decatur, Ga., for defendants, Katherin E. Mann, as Ordinary of DeKalb County, Ga., and James O. Almand, Sr.

Eugene Cook, Atty. Gen., Paul Rodgers, Asst. Atty. Gen., Atlanta, Ga., for defendants, Ben W. Fortson, Jr., Sec. of State of Ga.

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

GRIFFIN B. BELL, Circuit Judge:

Plaintiffs are residents and electors of Commissioner District No. 1 of DeKalb County, Georgia. They contend that the method of electing county commissioners in DeKalb County, and more specifically the method which appertained in the November 1964 general election, violates the equal protection and due process clauses of the Fourteenth Amendment to the United States Constitution.

Jurisdiction of this suit is based on Title 28...

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